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26 U.S.C. § 73Services of child

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says a child's earnings for work go on the child's own tax return, not the parent's — even if the parent collects the money. Money the parent or child spends from those earnings counts as spent by the child. It defines "parent" to include anyone with legal parental rights, and points to another law about collecting the tax from a parent.

(a) Treatment of amounts received: Money a child earns for their work counts as the child's income for tax purposes. This is true even if the parent — not the child — actually receives the money. The parent does not report it as their own income. (b) Treatment of expenditures: If money counts as the child's income only because of rule (a), then any of that money the parent or child spends is treated as if the child spent it, not the parent. (c) Parent defined: In this section, "parent" means anyone who has parental rights and duties for the child — not just a biological or legal parent in the usual sense — as long as they are entitled to the child's services. (d) Cross reference: This section points to another law, section 6201(c), which explains how the IRS can still collect this tax from the parent in some cases.
the actual law source: uscode.house.gov ↗public domain
(a) Treatment of amounts received

Amounts received in respect of the services of a child shall be included in his gross income and not in the gross income of the parent, even though such amounts are not received by the child.

(b) Treatment of expenditures

All expenditures by the parent or the child attributable to amounts which are includible in the gross income of the child (and not of the parent) solely by reason of subsection (a) shall be treated as paid or incurred by the child.

(c) Parent defined

For purposes of this section, the term “parent” includes an individual who is entitled to the services of a child by reason of having parental rights and duties in respect of the child.

(d) Cross reference

For assessment of tax against parent in certain cases, see section 6201(c).

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 24.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736

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

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