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26 U.S.C. § 63Taxable income defined

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 1,322 words · no verdicts yet

in plain englishAI-generated · not legal advice

Taxable income is gross income minus allowed deductions. For people who don't itemize, it's adjusted gross income minus the standard deduction and a few other specific deductions. The standard deduction amount depends on filing status, age, and blindness, and rises with inflation.

(a) General rule: Except as subsection (b) says otherwise, 'taxable income' means gross income minus the deductions this chapter allows — but not counting the standard deduction. (b) Individuals who don't itemize: If a person chooses not to itemize deductions for the year, their taxable income is instead their adjusted gross income minus: the standard deduction; the personal-exemption deduction under section 151; any deduction under the pass-through business-income section 199A; the deduction under section 170(p); the deduction under section 224; the deduction under section 225; and the part of the home-mortgage-interest deduction under section 163(a) that comes from the exception in section 163(h)(4)(A). (c) Standard deduction: The standard deduction is the basic standard deduction plus the additional standard deduction. The basic standard deduction is: 200% of the 'other case' dollar amount below, for a married couple filing jointly or a surviving spouse; $4,400 for a head of household; or $3,000 for anyone else. (Special post-2017 rules below raise the last two figures.) The additional standard deduction is the sum of the extra amounts a taxpayer qualifies for under subsection (f), for being 65 or older or blind. Starting with tax years after 1988, several of these dollar figures — the head-of-household and 'other case' amounts, and the paragraph (5) dependent-limit amounts — go up each year using a cost-of-living formula, with different base years for different amounts. There's a special cap for a dependent: if someone else can claim this person as a dependent, that person's basic standard deduction can't be more than the larger of $500, or $250 plus the person's own earned income. Some people get no standard deduction at all (it's zero): a married person filing separately when their spouse itemizes; a nonresident alien; someone filing a short tax year because they changed their accounting period; or an estate, trust, common trust fund, or partnership. For tax years starting after 2017, the standard deduction is increased: the head-of-household figure becomes $23,625 and the 'other case' figure becomes $15,750, and the normal cost-of-living rule stops applying to those two figures. Instead, starting in tax years after 2025, those two dollar amounts get their own inflation increase, calculated using 2024 as the base year and rounded down to the nearest $50. (d) Itemized deductions: 'Itemized deductions' means all deductions this chapter allows, except the ones used to figure adjusted gross income, and except any deduction already listed in subsection (b). (e) Election to itemize: A taxpayer only gets itemized deductions if they elect to itemize for the year — otherwise none are allowed. (Whether a deduction is normally 'allowable' is judged without regard to this election rule.) The election is made on the tax return, in whatever manner the Secretary prescribes. A taxpayer can change their election after filing, under Treasury regulations — but if their spouse filed a separate return for the matching year, the change is only allowed if the spouse also changes their election consistently, and both spouses agree in writing to let the IRS assess any resulting tax deficiency even past the usual deadline. This change rule doesn't apply if the spouse's tax liability for that year was already settled through an IRS compromise under section 7122. (f) Aged or blind additional amounts: A taxpayer gets an extra $600 for being 65 or older by year's end, and another extra $600 for a spouse who is 65 or older (if the taxpayer can claim an exemption for that spouse). A taxpayer gets an extra $600 for being blind at year's end, and another extra $600 for a blind spouse (same exemption condition) — if the spouse dies during the year, blindness is judged as of the date of death. For someone who is unmarried and not a surviving spouse, these $600 figures become $750 instead. 'Blind' means central vision no better than 20/200 in the better eye with glasses, or a visual field so narrow that its widest angle is 20 degrees or less, even with better visual acuity. (g) Marital status: For this whole section, marital status is determined under section 7703.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Except as provided in subsection (b), for purposes of this subtitle, the term “taxable income” means gross income minus the deductions allowed by this chapter (other than the standard deduction).

(b) Individuals who do not itemize their deductions

In the case of an individual who does not elect to itemize his deductions for the taxable year, for purposes of this subtitle, the term “taxable income” means adjusted gross income, minus—

(1)

the standard deduction,

(2)

the deduction for personal exemptions provided in section 151,

(3)

any deduction provided in section 199A,

(4)

the deduction provided in section 170(p),

(5)

the deduction provided in section 224,

(6)

the deduction provided in section 225 and 1

(7)

so much of the deduction allowed by section 163(a) as is attributable to the exception under section 163(h)(4)(A).

(c) Standard deduction

For purposes of this subtitle—

(1) In general

Except as otherwise provided in this subsection, the term “standard deduction” means the sum of—

(A)

the basic standard deduction, and

(B)

the additional standard deduction.

(2) Basic standard deduction

For purposes of paragraph (1), the basic standard deduction is—

(A)

200 percent of the dollar amount in effect under subparagraph (C) for the taxable year in the case of—

(i)

a joint return, or

(ii)

a surviving spouse (as defined in section 2(a)),

(B)

$4,400 in the case of a head of household (as defined in section 2(b)), or

(C)

$3,000 in any other case.

(3) Additional standard deduction for aged and blind

For purposes of paragraph (1), the additional standard deduction is the sum of each additional amount to which the taxpayer is entitled under subsection (f).

(4) Adjustments for inflation

In the case of any taxable year beginning in a calendar year after 1988, each dollar amount contained in paragraph (2)(B), (2)(C), or (5) or subsection (f) shall be increased by an amount equal to—

(A)

such dollar amount, multiplied by

(B)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting for “calendar year 2016” in subparagraph (A)(ii) thereof—

(i)

“calendar year 1987” in the case of the dollar amounts contained in paragraph (2)(B), (2)(C), or (5)(A) or subsection (f), and

(ii)

“calendar year 1997” in the case of the dollar amount contained in paragraph (5)(B).

(5) Limitation on basic standard deduction in the case of certain dependents

In the case of an individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, the basic standard deduction applicable to such individual for such individual’s taxable year shall not exceed the greater of—

(A)

$500, or

(B)

the sum of $250 and such individual’s earned income.

(6) Certain individuals, etc., not eligible for standard deduction

In the case of—

(A)

a married individual filing a separate return where either spouse itemizes deductions,

(B)

a nonresident alien individual,

(C)

an individual making a return under section 443(a)(1) for a period of less than 12 months on account of a change in his annual accounting period, or

(D)

an estate or trust, common trust fund, or partnership,

the standard deduction shall be zero.

(7) Special rules for taxable years beginning after 2017

In the case of a taxable year beginning after December 31, 2017—

(A) Increase in standard deduction

Paragraph (2) shall be applied—

(i)

by substituting “$23,625” for “$4,400” in subparagraph (B), and

(ii)

by substituting “$15,750” for “$3,000” in subparagraph (C).

(B) Adjustment for inflation
(i) In general

Paragraph (4) shall not apply to the dollar amounts contained in paragraphs (2)(B) and (2)(C).

(ii) Adjustment of increased amounts

In the case of a taxable year beginning after 2025, the $23,625 and $15,750 amounts in subparagraph (A) shall each be increased by an amount equal to—

(I)

such dollar amount, multiplied by

(II)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2024” for “2016” in subparagraph (A)(ii) thereof.

 If any increase under this clause is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

(d) Itemized deductions

For purposes of this subtitle, the term “itemized deductions” means the deductions allowable under this chapter other than—

(1)

the deductions allowable in arriving at adjusted gross income, and

(2)

any deduction referred to in any paragraph of subsection (b).

(e) Election to itemize
(1) In general

Unless an individual makes an election under this subsection for the taxable year, no itemized deduction shall be allowed for the taxable year. For purposes of this subtitle, the determination of whether a deduction is allowable under this chapter shall be made without regard to the preceding sentence.

(2) Time and manner of election

Any election under this subsection shall be made on the taxpayer’s return, and the Secretary shall prescribe the manner of signifying such election on the return.

(3) Change of election

Under regulations prescribed by the Secretary, a change of election with respect to itemized deductions for any taxable year may be made after the filing of the return for such year. If the spouse of the taxpayer filed a separate return for any taxable year corresponding to the taxable year of the taxpayer, the change shall not be allowed unless, in accordance with such regulations—

(A)

the spouse makes a change of election with respect to itemized deductions, for the taxable year covered in such separate return, consistent with the change of treatment sought by the taxpayer, and

(B)

the taxpayer and his spouse consent in writing to the assessment (within such period as may be agreed on with the Secretary) of any deficiency, to the extent attributable to such change of election, even though at the time of the filing of such consent the assessment of such deficiency would otherwise be prevented by the operation of any law or rule of law.

This paragraph shall not apply if the tax liability of the taxpayer’s spouse for the taxable year corresponding to the taxable year of the taxpayer has been compromised under section 7122.

(f) Aged or blind additional amounts
(1) Additional amounts for the aged

The taxpayer shall be entitled to an additional amount of $600—

(A)

for himself if he has attained age 65 before the close of his taxable year, and

(B)

for the spouse of the taxpayer if the spouse has attained age 65 before the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b).

(2) Additional amount for blind

The taxpayer shall be entitled to an additional amount of $600—

(A)

for himself if he is blind at the close of the taxable year, and

(B)

for the spouse of the taxpayer if the spouse is blind as of the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b).

For purposes of subparagraph (B), if the spouse dies during the taxable year the determination of whether such spouse is blind shall be made as of the time of such death.

(3) Higher amount for certain unmarried individuals

In the case of an individual who is not married and is not a surviving spouse, paragraphs (1) and (2) shall be applied by substituting “$750” for “$600”.

(4) Blindness defined

For purposes of this subsection, an individual is blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(g) Marital status

For purposes of this section, marital status shall be determined under section 7703.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 18; Pub. L. 95–30, title I, § 102(a), May 23, 1977, 91 Stat. 135; Pub. L. 95–600, title I, § 101(b), Nov. 6, 1978, 92 Stat. 2769; Pub. L. 97–34, title I, §§ 104(b), 111(b)(4), 121(b), (c)(2), Aug. 13, 1981, 95 Stat. 189, 194, 196, 197; Pub. L. 99–514, title I, § 102(a), title XII, § 1272(d)(6), Oct. 22, 1986, 100 Stat. 2099, 2594; Pub. L. 100–647, title I, § 1001(b)(1), Nov. 10, 1988, 102 Stat. 3349; Pub. L. 101–508, title XI, §§ 11101(d)(1)(D), 11801(a)(4), Nov. 5, 1990, 104 Stat. 1388–405, 1388–520; Pub. L. 103–66, title XIII, § 13201(b)(3)(D), Aug. 10, 1993, 107 Stat. 459; Pub. L. 105–34, title XII, § 1201(a), Aug. 5, 1997, 111 Stat. 993; Pub. L. 107–16, title III, § 301(a), (b), (c)(2), June 7, 2001, 115 Stat. 53, 54; Pub. L. 107–147, title IV, § 411(e), Mar. 9, 2002, 116 Stat. 46; Pub. L. 108–27, title I, § 103(a), May 28, 2003, 117 Stat. 754; Pub. L. 108–311, title I, § 101(b), Oct. 4, 2004, 118 Stat. 1167; Pub. L. 110–289, div. C, title I, § 3012(a), (b), July 30, 2008, 122 Stat. 2891, 2892; Pub. L. 110–343, div. C, title II, § 204(a), title VII, § 706(b)(1), (2), Oct. 3, 2008, 122 Stat. 3865, 3922; Pub. L. 111–5, div. B, title I, § 1008(c), Feb. 17, 2009, 123 Stat. 318; Pub. L. 113–295, div. A, title II, § 221(a)(13), Dec. 19, 2014, 128 Stat. 4039; Pub. L. 115–97, title I, §§ 11002(d)(1)(K), 11011(b)(2), (3), 11021(a), Dec. 22, 2017, 131 Stat. 2060, 2070, 2072; Pub. L. 115–141, div. T, § 101(a)(2)(A), Mar. 23, 2018, 132 Stat. 1155; Pub. L. 116–260, div. EE, title II, § 212(b), Dec. 27, 2020, 134 Stat. 3067; Pub. L. 119–21, title VII, §§ 70102(a), (b), 70201(b), 70202(b), 70203(b), July 4, 2025, 139 Stat. 158, 171, 174, 177.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1977Amended · Pub. L. 95-30 · 91 Stat. 135
  • 1978Amended · Pub. L. 95-600 · 92 Stat. 2769
  • 1981Amended · Pub. L. 97-34 · 95 Stat. 189, 194, 196, 197
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2099, 2594
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3349
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 459
  • 1997Amended · Pub. L. 105-34 · 111 Stat. 993
  • 2001Amended · Pub. L. 107-16 · 115 Stat. 53, 54
  • 2002Amended · Pub. L. 107-147 · 116 Stat. 46
  • 2003Amended · Pub. L. 108-27 · 117 Stat. 754
  • 2004Amended · Pub. L. 108-311 · 118 Stat. 1167
  • 2008Amended · Pub. L. 110-289 · 122 Stat. 2891, 2892
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3865, 3922
  • 2009Amended · Pub. L. 111-5 · 123 Stat. 318
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4039
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2060, 2070, 2072
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1155
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3067
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 158, 171, 174, 177

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

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