The unemployment compensation exclusion is not deducted in the calculation of taxable social security. Sec 9042 of the American Rescue Package Act of 2021 adds section 85(c) to the IRS Code.
SEC. 9042. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COMPENSATION.
(a) In General.—Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
“(c) Special Rule For 2020.—
“(1) IN GENERAL.—In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment compensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200.
“(2) APPLICATION.—For purposes of paragraph (1), the adjusted gross income of the taxpayer shall be determined—
“(A) after application of sections 86, 135, 137, 219, 221, 222, and 469, and
“(B) without regard to this section.”.
(b) Conforming Amendments.—
(1) Section 74(d)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting “85(c),” before “86”.
(2) Section 86(b)(2)(A) of such Code is amended by inserting “85(c),” before “135”.
(3) Section 135(c)(4)(A) of such Code is amended by inserting “85(c),” before “137”.
(4) Section 137(b)(3)(A) of such Code is amended by inserting “85(c)” before “221”.
(5) Section 219(g)(3)(A)(ii) of such Code is amended by inserting “85(c),” before “135”.
(6) Section 221(b)(2)(C)(i) of such Code is amended by inserting “85(c)” before “911”.
(7) Section 222(b)(2)(C)(i) of such Code, as in effect before date of enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, is amended by inserting “85(c)” before “911”.
(8) Section 469(i)(3)(E)(ii) of such Code is amended by striking “135 and 137” and inserting “85(c), 135, and 137”.
(c) Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2019.
The new Section 85(c) (2) refers to Section 86(b)(2)(A) of the Code which is the calculation of taxable social security. A partial excerpt from the unrevised Section 86 is below:
Code Sec. 86. Social security and tier 1 railroad retirement benefits
(a) In general
(1) In general
Except as provided in paragraph (2), gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of -
(A) one-half of the social security benefits received during the taxable year, or
(B) one-half of the excess described in subsection (b)(1).
(2) Additional amount
In the case of a taxpayer with respect to whom the amount determined under subsection (b)(1)(A) exceeds the adjusted base amount, the amount included in gross income under this section shall be equal to the lesser of -
(A) the sum of -
(i) 85 percent of such excess, plus
(ii) the lesser of the amount determined under paragraph (1) or an amount equal to one-half of the difference between the adjusted base amount and the base amount of the taxpayer, or
(B) 85 percent of the social security benefits received during the taxable year.
(b) Taxpayers to whom subsection (a) applies
(1) In general
A taxpayer is described in this subsection if -
(A) the sum of -
(i) the modified adjusted gross income of the taxpayer for the taxable year, plus
(ii) one-half of the social security benefits received during the taxable year, exceeds
(B) the base amount.
(2) Modified adjusted gross income
For purposes of this subsection, the term "modified adjusted gross income" means adjusted gross income -
(A) determined without regard to this section and sections 135, 137, 221, 911, 931, and 933, and
(B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax.
The revised section 86(b)(2)(A) will include a reference to Section 85(c) so that now, that section basically says “MAGI for Social Security Purposes is determined without regard to Section 85(c) the deduction of the unemployment exclusion”
