Questions & Answers

What is the Discharge of Student Loans Subtraction?

Code: 55

A subtraction is allowed for income attributable to the discharge of a student loan due to the student's death. For purposes of this subtraction, "student loan" means the same as the term is defined under section 108(f) of the Internal Revenue Code. This is a loan to an individual to assist that individual in attending an educational organization that was made by:

  • The United States, or an instrumentality or agency thereof;
  • A state, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof;
  • Certain tax-exempt public benefit corporations that have assumed control over a state, county, or municipal hospital and whose employees are deemed public employees under state law;
  • Charitable educational organizations, if the loan was made: pursuant to an agreement with one of the above-listed entities; or pursuant to a program designed to encourage its students to serve in occupations or areas with unmet needs, and under which the services provided by the students are for or under the direction of a governmental unit or certain tax-exempt organizations.
This subtraction is not applicable to the discharge of private loans. This subtraction does not apply to loans that are already excluded from federal income taxation.

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