[USC02] 20 USC 1098h: Procedure and requirements for requesting tax return information from the Internal Revenue Service
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20 USC 1098h: Procedure and requirements for requesting tax return information from the Internal Revenue Service Text contains those laws in effect on October 27, 2020
From Title 20-EDUCATIONCHAPTER 28-HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCESUBCHAPTER IV-STUDENT ASSISTANCEPart G-General Provisions Relating to Student Assistance Programs
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§1098h. Procedure and requirements for requesting tax return information from the Internal Revenue Service

(a) Notification and approval requirements

(1) Federal student financial aid

In the case of any written or electronic application under section 1090 of this title by an individual for Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D, the Secretary, with respect to such individual and any parent or spouse whose financial information is required to be provided on such application, shall-

(A) notify such individuals that-

(i) if such individuals provide approval under subparagraph (B), the Secretary will have the authority to request that the Secretary of the Treasury disclose return information of such individuals to authorized persons (as defined in section 6103(l)(13) of title 26) for the relevant purposes described in such section; and

(ii) the failure to provide such approval for such disclosure will result in the Secretary being unable to calculate eligibility for such aid to such individual; and


(B) require, as a condition of eligibility for such aid, that such individuals affirmatively approve the disclosure described in subparagraph (A)(i).

(2) Income-contingent and income-based repayment

(A) New applicants

In the case of any written or electronic application by an individual for an income-contingent or income-based repayment plan for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall-

(i) provide to such individuals the notification described in paragraph (1)(A)(i);

(ii) require, as a condition of eligibility for such repayment plan, that such individuals-

(I) affirmatively approve the disclosure described in paragraph (1)(A)(i) and agree that such approval shall serve as an ongoing approval of such disclosure until the date on which the individual elects to opt out of such disclosure under section 1087e(e)(8) of this title or the equivalent procedures established under section 1098e(c)(2)(B) of this title, as applicable; or

(II) provide such information as the Secretary may require to confirm the eligibility of such individual for such repayment plan.

(B) Recertifications

With respect to the first written or electronic recertification (after December 19, 2019) of an individual's income or family size for purposes of an income-contingent or income-based repayment plan (entered into before December 19, 2019) for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall meet the requirements of clauses (i) and (ii) of subparagraph (A) with respect to such recertification.

(3) Total and permanent disability

In the case of any written or electronic application by an individual for a discharge of a loan under this subchapter based on total and permanent disability (within the meaning of section 1087(a) of this title) that requires income monitoring, the Secretary shall-

(A) provide to such individual the notification described in paragraph (1)(A)(i); and

(B) require, as a condition of eligibility for such discharge, that such individual-

(i) affirmatively approve the disclosure described in paragraph (1)(A)(i) and agree that such approval shall serve as an ongoing approval of such disclosure until the earlier of-

(I) the date on which the individual elects to opt out of such disclosure under section 1087(a)(3)(A) of this title; or

(II) the first day on which such loan may no longer be reinstated; or


(ii) provide such information as the Secretary may require to confirm the eligibility of such individual for such discharge.

(b) Limit on authority

The Secretary shall only have authority to request that the Secretary of the Treasury disclose return information under section 6103(l)(13) of title 26 with respect to an individual if the Secretary of Education has obtained approval under subsection (a) for such disclosure.

(Pub. L. 89–329, title IV, §494, as added Pub. L. 116–91, §6(a), Dec. 19, 2019, 133 Stat. 1194 .)