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26 U.S.C. § 74Prizes and awards

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 528 words · no verdicts yet

in plain englishAI-generated · not legal advice

Prize and award money usually counts as taxable income. But prizes for things like scientific or civic achievement are tax-free if you're given them automatically and hand them straight to a charity or government. Some employee achievement awards and Olympic or Paralympic prizes are also tax-free, with dollar and income limits.

(a) General rule: Unless another rule in this section, or the rule for scholarships in section 117, says otherwise, money or property you receive as a prize or award counts as part of your taxable gross income. (b) Exception for certain prizes and awards transferred to charities: A prize or award is not taxable if it recognizes achievement in religion, charity, science, education, art, literature, or civic life, and three things are all true: (1) you did nothing to enter the contest to be considered for it; (2) you are not required to do significant future work or services to receive it; and (3) you direct the payor to give the prize straight to a government body or a qualifying charitable organization, instead of to you. (c) Exception for certain employee achievement awards: (1) An employee achievement award (as section 274(j) defines it) is not taxable to the employee, as long as its cost to the employer does not exceed what the employer is allowed to deduct for it. (2) If the award costs the employer more than the employer can deduct, then the employee must include in income the larger of: (A) the part of the cost the employer cannot deduct (capped at the award's value), or (B) the amount by which the award's value exceeds what the employer can deduct. The rest of the award's value stays tax-free. (3) If the employer does not pay taxes at all (a tax-exempt employer), these rules are applied as if the employer could have deducted the amount it would normally be allowed to deduct. (4) A cross-reference points to section 132(e), which excludes small "de minimis" employee gifts from income separately. (d) Exception for Olympic and Paralympic medals and prizes: (1) The value of an Olympic or Paralympic medal, and any prize money the U.S. Olympic Committee pays for competing in the Games, is not taxable income. (2)(A) But this exclusion does not apply if your adjusted gross income for the year — figured without this exclusion — is over $1,000,000 (or $500,000 if you are married and filing separately). (B) When figuring several other tax limits (under sections 85(c), 86, 135, 137, 219, 221, and 469), your adjusted gross income is calculated after applying the medal/prize exclusion in paragraph (1), but before applying the $1,000,000 income cutoff in subparagraph (A).
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Except as otherwise provided in this section or in section 117 (relating to qualified scholarships), gross income includes amounts received as prizes and awards.

(b) Exception for certain prizes and awards transferred to charities

Gross income does not include amounts received as prizes and awards made primarily in recognition of religious, charitable, scientific, educational, artistic, literary, or civic achievement, but only if—

(1)

the recipient was selected without any action on his part to enter the contest or proceeding;

(2)

the recipient is not required to render substantial future services as a condition to receiving the prize or award; and

(3)

the prize or award is transferred by the payor to a governmental unit or organization described in paragraph (1) or (2) of section 170(c) pursuant to a designation made by the recipient.

(c) Exception for certain employee achievement awards
(1) In general

Gross income shall not include the value of an employee achievement award (as defined in section 274(j)) received by the taxpayer if the cost to the employer of the employee achievement award does not exceed the amount allowable as a deduction to the employer for the cost of the employee achievement award.

(2) Excess deduction award

If the cost to the employer of the employee achievement award received by the taxpayer exceeds the amount allowable as a deduction to the employer, then gross income includes the greater of—

(A)

an amount equal to the portion of the cost to the employer of the award that is not allowable as a deduction to the employer (but not in excess of the value of the award), or

(B)

the amount by which the value of the award exceeds the amount allowable as a deduction to the employer.

The remaining portion of the value of such award shall not be included in the gross income of the recipient.

(3) Treatment of tax-exempt employers

In the case of an employer exempt from taxation under this subtitle, any reference in this subsection to the amount allowable as a deduction to the employer shall be treated as a reference to the amount which would be allowable as a deduction to the employer if the employer were not exempt from taxation under this subtitle.

(4) Cross reference

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

(d) Exception for Olympic and Paralympic medals and prizes
(1) In general

Gross income shall not include the value of any medal awarded in, or any prize money received from the United States Olympic Committee on account of, competition in the Olympic Games or Paralympic Games.

(2) Limitation based on adjusted gross income
(A) In general

Paragraph (1) shall not apply to any taxpayer for any taxable year if the adjusted gross income (determined without regard to this subsection) of such taxpayer for such taxable year exceeds $1,000,000 (half of such amount in the case of a married individual filing a separate return).

(B) Coordination with other limitations

For purposes of sections 85(c), 86, 135, 137, 219, 221, and 469, adjusted gross income shall be determined after the application of paragraph (1) and before the application of subparagraph (A).

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 24; Pub. L. 99–514, title I, §§ 122(a)(1), 123(b)(1), Oct. 22, 1986, 100 Stat. 2109, 2113; Pub. L. 114–239, § 2(a), Oct. 7, 2016, 130 Stat. 973; Pub. L. 115–97, title I, § 13305(b)(1), Dec. 22, 2017, 131 Stat. 2126; Pub. L. 116–260, div. EE, title I, § 104(b)(2)(B), Dec. 27, 2020, 134 Stat. 3041; Pub. L. 117–2, title IX, § 9042(b)(1), Mar. 11, 2021, 135 Stat. 122.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2109, 2113
  • 2016Amended · Pub. L. 114-239 · 130 Stat. 973
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2126
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3041
  • 2021Amended · Pub. L. 117-2 · 135 Stat. 122

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

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