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26 U.S.C. § 102Gifts and inheritances

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 212 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says gifts, inheritances, and bequests are not counted as taxable income for the person who receives them. But income earned from that gift property, such as interest, is still taxable. Gifts from an employer to an employee are generally still taxable income too.

(a) General rule. Gross income does not include the value of property someone receives as a gift, bequest, devise, or inheritance. (b) Income. This exclusion in (a) does not cover: (1) income earned from property that was received as a gift, bequest, devise, or inheritance; or (2) if the gift, bequest, devise, or inheritance is itself a right to income from property, that income amount. If the gift, bequest, devise, or inheritance is paid out over time in installments, then, to the extent the payments come from the property's income, they still count as taxable income under (2). Likewise, any amount a beneficiary must include in gross income under subchapter J is treated as this same kind of taxable income under (2). (c) Employee gifts. (1) In general. The exclusion in (a) does not cover any amount an employer transfers to, or for the benefit of, an employee. (2) Cross references. Two other rules elsewhere in this title matter here: section 74(c) excludes certain employee achievement awards from gross income, and section 132(e) excludes certain small ("de minimis") fringe benefits from gross income.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Gross income does not include the value of property acquired by gift, bequest, devise, or inheritance.

(b) Income

Subsection (a) shall not exclude from gross income—

(1)

the income from any property referred to in subsection (a); or

(2)

where the gift, bequest, devise, or inheritance is of income from property, the amount of such income.

Where, under the terms of the gift, bequest, devise, or inheritance, the payment, crediting, or distribution thereof is to be made at intervals, then, to the extent that it is paid or credited or to be distributed out of income from property, it shall be treated for purposes of paragraph (2) as a gift, bequest, devise, or inheritance of income from property. Any amount included in the gross income of a beneficiary under subchapter J shall be treated for purposes of paragraph (2) as a gift, bequest, devise, or inheritance of income from property.

(c) Employee gifts
(1) In general

Subsection (a) shall not exclude from gross income any amount transferred by or for an employer to, or for the benefit of, an employee.

(2) Cross references

For provisions excluding certain employee achievement awards from gross income, see section 74(c).

For provisions excluding certain de minimis fringes from gross income, see section 132(e).

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 28; Pub. L. 99–514, title I, § 122(b), Oct. 22, 1986, 100 Stat. 2110.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2110

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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