26 USC 22 - Credit for the elderly and the permanently and totally disabled

U.S Code last checked for updates: Aug 15, 2025

§ 22.

Credit for the elderly and the permanently and totally disabled

(a)

General rule

(b)

Qualified individual

For purposes of this section, the term “qualified individual” means any individual—

(1)

who has attained age 65 before the close of the taxable year, or

(2)

who retired on disability before the close of the taxable year and who, when he retired, was permanently and totally disabled.

(c)

Section 22 amount

For purposes of subsection (a)—

(1)

In general

(2)

Initial amount

(A)

In general

Except as provided in subparagraph (B), the initial amount shall be—

(i)

$5,000 in the case of a single individual, or a joint return where only one spouse is a qualified individual,

(ii)

$7,500 in the case of a joint return where both spouses are qualified individuals, or

(iii)

$3,750 in the case of a married individual filing a separate return.

(B)

Limitation in case of individuals who have not attained age 65

(i)

In general

(ii)

Special rules in case of joint return

In the case of a joint return where both spouses are qualified individuals and at least one spouse has not attained age 65 before the close of the taxable year—

(I)

if both spouses have not attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of such spouses’ disability income, or

(II)

if one spouse has attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of $5,000 plus the disability income for the taxable year of the spouse who has not attained age 65 before the close of the taxable year.

(iii)

Disability income

(3)

Reduction

(A)

In general

The reduction under this paragraph is an amount equal to the sum of the amounts received by the individual (or, in the case of a joint return, by either spouse) as a pension or annuity or as a disability benefit—

(i)

which is excluded from gross income and payable under—

(I)

title II of the Social Security Act,

(II)

the Railroad Retirement Act of 1974, or

(III)

a law administered by the Department of Veterans Affairs, or

(ii)

which is excluded from gross income under any provision of law not contained in this title.

No reduction shall be made under clause (i)(III) for any amount described in section 104(a)(4).

(B)

Treatment of certain workmen’s compensation benefits

(d)

Adjusted gross income limitation

If the adjusted gross income of the taxpayer exceeds—

(1)

$7,500 in the case of a single individual,

(2)

$10,000 in the case of a joint return, or

(3)

$5,000 in the case of a married individual filing a separate return,

the section 22 amount shall be reduced by one-half of the excess of the adjusted gross income over $7,500, $10,000, or $5,000, as the case may be.

(e)

Definitions and special rules

For purposes of this section—

(1)

Married couple must file joint return

(2)

Marital status

(3)

Permanent and total disability defined

(f)

Nonresident alien ineligible for credit

(Aug. 16, 1954, ch. 736, 68A Stat. 15, § 37; Aug. 9, 1955, ch. 659, § 1, 69 Stat. 591; Jan. 28, 1956, ch. 17, § 1, 70 Stat. 8; Pub. L. 87–792, § 7(a), Oct. 10, 1962, 76 Stat. 828; Pub. L. 87–876, § 1, Oct. 24, 1962, 76 Stat. 1199; Pub. L. 88–272, title I, § 113(a), title II, §§ 201(d)(3), 202(a), Feb. 26, 1964, 78 Stat. 24, 32, 33; Pub. L. 93–406, title II, § 2002(g)(1), Sept. 2, 1974, 88 Stat. 968; Pub. L. 94–455, title V, § 503(a), title XIX, § 1901(c)(1), Oct. 4, 1976, 90 Stat. 1559, 1803; Pub. L. 95–600, title VII

cite as: 26 USC 22