26 U.S.C. § 117
Qualified scholarships
# (a) General rule
Gross income does not include any amount received as a qualified scholarship by an individual who is a candidate for a degree at an educational organization described in section 170(b)(1)(A)(ii).
# (b) Qualified scholarship
For purposes of this section— (1) In general The term “qualified scholarship” means any amount received by an individual as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses. (2) Qualified tuition and related expenses For purposes of paragraph (1), the term “qualified tuition and related expenses” means— (A) tuition and fees required for the enrollment or attendance of a student at an educational organization described in section 170(b)(1)(A)(ii), and (B) fees, books, supplies, and equipment required for courses of instruction at such an educational organization.
# (c) Limitation
(1) In general Except as provided in paragraph (2), subsections (a) and (d) shall not apply to that portion of any amount received which represents payment for teaching, research, or other services by the student required as a condition for receiving the qualified scholarship or qualified tuition reduction. (2) Exceptions Paragraph (1) shall not apply to any amount received by an individual under— (A) the National Health Service Corps Scholarship Program under section 338A(g)(1)(A) of the Public Health Service Act, (B) the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of title 10, United States Code, or (C) a comprehensive student work-learning-service program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined in such section).
# (d) Qualified tuition reduction
(1) In general Gross income shall not include any qualified tuition reduction.
(2) Qualified tuition reduction For purposes of this subsection, the term “qualified tuition reduction” means the amount of any reduction in tuition provided to an employee of an organization described in section 170(b)(1)(A)(ii) for the education (below the graduate level) at such organization (or another organization described in section 170(b)(1)(A)(ii)) of— (A) such employee, or (B) any person treated as an employee (or whose use is treated as an employee use) under the rules of section 132(h).
(3) Reduction must not discriminate in favor of highly compensated, etc. Paragraph (1) shall apply with respect to any qualified tuition reduction provided with respect to any highly compensated employee only if such reduction is available on substantially the same terms to each member of a group of employees which is defined under a reasonable classification set up by the employer which does not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, the term “highly compensated employee” has the meaning given such term by section 414(q). [(4) Repealed. Pub. L. 101–140, title II, § 203(a)(1) , (2), Nov. 8, 1989 , 103 Stat. 830 ] (5) Special rules for teaching and research assistants In the case of the education of an individual who is a graduate student at an educational organization described in section 170(b)(1)(A)(ii) and who is engaged in teaching or research activities for such organization, paragraph (2) shall be applied as if it did not contain the phrase “(below the graduate level)”.
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Cited by 43
- 26 CFR § 1.102-1 — Gifts and inheritances.
- 26 CFR § 1.117-1 — Exclusion of amounts received as a scholarship or fellowship grant.
- 26 CFR § 1.117-2 — Limitations.
- 26 CFR § 1.117-3 — Definitions.
- 26 CFR § 1.117-4 — Items not considered as scholarships or fellowship grants.
- 26 CFR § 1.117-5 — Federal grants requiring future service as a Federal employee.
- 26 CFR § 1.1212-1 — Capital loss carryovers and carrybacks.
- 26 CFR § 1.127-1 — Amounts received under a qualified educational assistance program.
- 26 CFR § 1.132-1 — Exclusion from gross income for certain fringe benefits.
- 26 CFR § 1.1341-1 — Restoration of amounts received or accrued under claim of right.
- 26 CFR § 1.1441-1 — Requirement for the deduction and withholding of tax on payments to foreign persons.
- 26 CFR § 1.1441-2 — Amounts subject to withholding.
Show 31 more
- 26 CFR § 1.1441-3 — Determination of amounts to be withheld.
- 26 CFR § 1.1461-1 — Payment and returns of tax withheld.
- 26 CFR § 1.221-1 — Deduction for interest paid on qualified education loans after December 31, 2001.
- 26 CFR § 1.221-2 — Deduction for interest due and paid on qualified education loans before January 1, 2002.
- 26 CFR § 1.25A-5 — Special rules relating to characterization and timing of payments.
- 26 CFR § 1.274-3 — Disallowance of deduction for gifts.
- 26 CFR § 1.501(c)(9)-6 — Voluntary employees' beneficiary associations; benefits includible in gross income.
- 26 CFR § 1.6041-3 — Payments for which no return of information is required under section 6041.
- 26 CFR § 1.61-14 — Miscellaneous items of gross income.
- 26 CFR § 1.61-2 — Compensation for services, including fees, commissions, and similar items.
- 26 CFR § 1.61-21 — Taxation of fringe benefits.
- 26 CFR § 1.74-1 — Prizes and awards.
- 26 CFR § 1.863-1 — Allocation of gross income under section 863(a).
- 26 CFR § 305.7871-1 — Indian tribal governments treated as States for certain purposes.
- 26 CFR § 31.3121(a)-1T — Question and answer relating to the definition of wages in section 3121(a) (Temporary).
- 26 CFR § 31.3121(b)(10)-2 — Services performed by certain students in the employ of a school, college, or university, or of a nonprofit organization auxiliary to a school, college, or university.
- 26 CFR § 31.3306(b)-1T — Question and answer relating to the definition of wages in section 3306(b) (Temporary).
- 26 CFR § 31.3401(a)-1T — Question and answer relating to the definition of wages in section 3401(a) (Temporary).
- 26 CFR § 53.4941(d)-3 — Exceptions to self-dealing.
- 26 CFR § 53.4945-4 — Grants to individuals.
- 26 U.S.C. § 127 — Educational assistance programs
- 26 U.S.C. § 135 — Income from United States savings bonds used to pay higher education tuition and fees
- 26 U.S.C. § 1441 — Withholding of tax on nonresident aliens
- 26 U.S.C. § 25A — American Opportunity and Lifetime Learning credits
- 26 U.S.C. § 354 — Exchanges of stock and securities in certain reorganizations
- 26 U.S.C. § 4941 — Taxes on self-dealing
- 26 U.S.C. § 4945 — Taxes on taxable expenditures
- 26 U.S.C. § 512 — Unrelated business taxable income
- 26 U.S.C. § 5382 — Cellar treatment of natural wine
- 26 U.S.C. § 5392 — Definitions
- 26 U.S.C. § 74 — Prizes and awards
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