100 STAT. 2414
PUBLIC LAW 99-514—OCT. 22, 1986
"(B) GOVERNMENT PLAN.—The term 'government plan' means any plan, whether or not qualified, established and maintained for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing." (C) Paragraph (5) of section 72(o) is amended— (i) by inserting "and made for a taxable year beginning before January 1, 1987," after "date" in subparagraph (A), (ii) by striking out "section 219(e)(3)" in subparagraph (C) and inserting in lieu thereof "subsection (p)(3)(A)(i)", and (iii) by striking out "section 219(e)(4)" in subparagraph (D) and inserting in lieu thereof "subsection (p)(3)(B)". (c) EFFECTIVE DATE.—The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 1986. SEC. 1102. NONDEDUCTIBLE CONTRIBUTIONS MAY BE MADE TO INDIVIDUAL RETIREMENT PLANS.
(a) IN GENERAL.—Section 408 (relating to individual retirement accounts) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: "(o) DEFINITIONS AND RULES RELATING TO NONDEDUCTIBLE CONTRIBUTIONS TO INDIVIDUAL RETIREMENT PLANS.—
"(1) IN GENERAL.—Subject to the provisions of this subsection, designated nondeductible contributions may be made on behalf of an individual to an individual retirement plan. "(2) LIMITS ON AMOUNTS WHICH MAY BE CONTRIBUTED.—
"(A) IN GENERAL.—The amount of the designated nondeductible contributions made on behalf of any individual for any taxable year shall not exceed the nondeductible limit for such taxable year. "(B) NONDEDUCTIBLE LIMIT.—For purposes of this paragraph— "(i) IN GENERAL.—The term 'nondeductible limit' means the excess of— "(I) the amount allowable as a deduction under section 219 (determined without regard to section 219(g)), over "(II) the amount allowable as a deduction under section 219 (determined with regard to section 219(g)). "(ii) TAXPAYER MAY ELECT TO TREAT DEDUCTIBLE CON-
TRIBUTIONS AS NONDEDUCTIBLE.—If a taxpayer elects not to deduct an amount which (without regard to this clause) is allowable as a deduction under section 219 for any taxable year, the nondeductible limit for such taxable year shall be increased by such amount. "(C) DESIGNATED NONDEDUCTIBLE CONTRIBUTIONS.—
"(i) IN GENERAL.—For purposes of this paragraph, the term 'designated nondeductible contribution' means any contribution to an individual retirement plan for the taxable year which is designated (in such manner
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