Date of Download: Sep 14, 2001
USCA (United States Code Annotated)
26 USCA S 1
Copr. © West 2001 No Claim to Orig. U.S. Govt. Works
_____________________________________________________________
26 U.S.C.A. § 1 This document has been updated. Use KEYCITE.
I.R.C. § 1
UNITED STATES CODE ANNOTATED
TITLE 26. INTERNAL REVENUE CODE
SUBTITLE A--INCOME TAXES
CHAPTER 1--NORMAL TAXES AND SURTAXES
SUBCHAPTER A--DETERMINATION OF TAX LIABILITY
PART I--TAX ON INDIVIDUALS
Copr. © West Group 2001. No claim to Orig. U.S. Govt. Works.
Current through P.L. 107-11, approved 5-28-01
§ 1. Tax imposed
(a) [FN1] Married individuals filing joint returns and surviving spouses.--There is hereby imposed on the taxable income of--
(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $36,900 ............... 15% of taxable income.
Over $36,900 but not over
$89,150 ...................... $5,535, plus 28% of the excess over $36,900.
Over $89,150 but not over
$140,000 ..................... $20,165, plus 31% of the excess over $89,150.
Over $140,000 but not over
$250,000 ..................... $35,928.50, plus 36% of the excess over
$140,000.
Over $250,000 .................. $75,528.50, plus 39.6% of the excess over
$250,000.
(b) [FN1] Heads of households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $29,600 ................ 15% of taxable income.
Over $29,600 but not over
$76,400 ....................... $4,440, plus 28% of the excess over $29,600.
Over $76,400 but not over
$127,500 ...................... $17,544, plus 31% of the excess over $76,400.
Over $127,500 but not over
$250,000....................... $33,385, plus 36% of the excess over
$127,500.
Over $250,000 ................... $77,485, plus 39.6% of the excess over
$250,000.
(c) [FN1] Unmarried individuals (other than surviving spouses and heads of households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $22,100 ............... 15% of taxable income.
Over $22,100 but not over
$53,500 ...................... $3,315, plus 28% of the excess over $22,100.
Over $53,500 but not over
$115,000 ..................... $12,107, plus 31% of the excess over $53,500.
Over $115,000 but not over
$250,000 ..................... $31,172, plus 36% of the excess over $115,000.
Over $250,000 .................. $79,772, plus 39.6% of the excess over
$250,000.
(d) [FN1] Married individuals filing separate returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $18,450 .............. 15% of taxable income.
Over $18,450 but not over
$44,575 ..................... $2,767.50, plus 28% of the excess over $18,450.
Over $44,575 but not over
$70,000 ..................... $10,082.50, plus 31% of the excess over
$44,575.
Over $70,000 but not over
$125,000 .................... $17,964.25, plus 36% of the excess over
$70,000.
Over $125,000 ................. $37,764.25, plus 39.6% of the excess over
$125,000.
(e) [FN1] Estates and trusts.--There is hereby imposed on the taxable income of--
(1) every estate, and
(2) every trust,
taxable under this subsection a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $1,500 ................. 15% of taxable income.
Over $1,500 but not over $3,500 . $225, plus 28% of the excess over $1,500.
Over $3,500 but not over $5,500 . $785, plus 31% of the excess over $3,500.
Over $5,500 but not over $7,500 . $1,405, plus 36% of the excess over $5,500.
Over $7,500 ..................... $2,125, plus 39.6% of the excess over $7,500.
(f) Adjustments in tax tables so that inflation will not result in tax increases.--
(1) In general.--Not later than December 15 of 1993, and each subsequent calendar year, the Secretary shall prescribe tables which shall apply in lieu of the tables contained in subsections (a), (b), (c), (d), and (e) with respect to taxable years beginning in the succeeding calendar year.
(2) Method of prescribing tables.--The table which under paragraph (1) is to apply in lieu of the table contained in subsection (a), (b), (c), (d), or (e), as the case may be, with respect to taxable years beginning in any calendar year shall be prescribed--
(A) by increasing the minimum and maximum dollar amounts for each rate bracket for which a tax is imposed under such table by the cost-of-living adjustment for such calendar year,
(B) by not changing the rate applicable to any rate bracket as adjusted under subparagraph (A), and
(C) by adjusting the amounts setting forth the tax to the extent necessary to reflect the adjustments in the rate brackets.
(3) Cost-of-living adjustment.--For purposes of paragraph (2), the cost-of- living adjustment for any calendar year is the percentage (if any) by which--
(A) the CPI for the preceding calendar year, exceeds
(B) the CPI for the calendar year 1992.
(4) CPI for any calendar year.--For purposes of paragraph (3), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year.
(5) Consumer price index.--For purposes of paragraph (4), the term "Consumer Price Index" means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used.
(6) Rounding.--
(A) In general.--If any increase determined under paragraph (2)(A), section 63(c)(4), section 68(b)(2) or section 151(d)(4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.
(B) Table for married individuals filing separately.--In the case of a married individual filing a separate return, subparagraph (A) (other than with respect to subsection (c)(4) of section 63 (as it applies to subsections (c)(5)(A) and (f) of such section) and section 151(d)(4)(A)) shall be applied by substituting "$25" for "$50" each place it appears.
(7) Special rule for certain brackets.--
(A) Calendar year 1994.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in calendar year 1994, the Secretary shall make no adjustment to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate begins under any table contained in subsection (a), (b), (c), (d), or (e).
(B) Later calendar years.--In prescribing tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts referred to in subparagraph (A) shall be determined under paragraph (3) by substituting "1993" for "1992".
(g) Certain unearned income of minor children taxed as if parent's income.--
(1) In general.--In the case of any child to whom this subsection applies, the tax imposed by this section shall be equal to the greater of--
(A) the tax imposed by this section without regard to this subsection, or
(B) the sum of--
(i) the tax which would be imposed by this section if the taxable income of such child for the taxable year were reduced by the net unearned income of such child, plus
(ii) such child's share of the allocable parental tax.
(2) Child to whom subsection applies.--This subsection shall apply to any child for any taxable year if--
(A) such child has not attained age 14 before the close of the taxable year, and
(B) either parent of such child is alive at the close of the taxable year.
(3) Allocable parental tax.--For purposes of this subsection--
(A) In general.--The term "allocable parental tax" means the excess of--
(i) the tax which would be imposed by this section on the parent's taxable income if such income included the net unearned income of all children of the parent to whom this subsection applies, over
(ii) the tax imposed by this section on the parent without regard to this subsection.
For purposes of clause (i), net unearned income of all children of the parent shall not be taken into account in computing any exclusion, deduction, or credit of the parent.
(B) Child's share.--A child's share of any allocable parental tax of a parent shall be equal to an amount which bears the same ratio to the total allocable parental tax as the child's net unearned income bears to the aggregate net unearned income of all children of such parent to whom this subsection applies.
(C) Special rule where parent has different taxable year.--Except as provided in regulations, if the parent does not have the same taxable year as the child, the allocable parental tax shall be determined on the basis of the taxable year of the parent ending in the child's taxable year.
[(D) Redesignated (C)]
(4) Net unearned income.--For purposes of this subsection--
(A) In general.--The term "net unearned income" means the excess of--
(i) the portion of the adjusted gross income for the taxable year which is not attributable to earned income (as defined in section 911(d)(2)), over
(ii) the sum of--
(I) the amount in effect for the taxable year under section 63(c)(5)(A) (relating to limitation on standard deduction in the case of certain dependents), plus
(II) the greater of the amount described in subclause (I) or, if the child itemizes his deductions for the taxable year, the amount of the itemized deductions allowed by this chapter for the taxable year which are directly connected with the production of the portion of adjusted gross income referred to in clause (i).
(B) Limitation based on taxable income.--The amount of the net unearned income for any taxable year shall not exceed the individual's taxable income for such taxable year.
(5) Special rules for determining parent to whom subsection applies.--For purposes of this subsection, the parent whose taxable income shall be taken into account shall be--
(A) in the case of parents who are not married (within the meaning of section 7703), the custodial parent (within the meaning of section 152(e)) of the child, and
(B) in the case of married individuals filing separately, the individual with the greater taxable income.
(6) Providing of parent's TIN.--The parent of any child to whom this subsection applies for any taxable year shall provide the TIN of such parent to such child and such child shall include such TIN on the child's return of tax imposed by this section for such taxable year.
(7) Election to claim certain unearned income of child on parent's return.--
(A) In general.--If--
(i) any child to whom this subsection applies has gross income for the taxable year only from interest and dividends (including Alaska Permanent Fund dividends),
(ii) such gross income is more than the amount described in paragraph (4)(A)(ii)(I) and less than 10 times the amount so described,
(iii) no estimated tax payments for such year are made in the name and TIN of such child, and no amount has been deducted and withheld under section 3406, and
(iv) the parent of such child (as determined under paragraph (5)) elects the application of subparagraph (B),
such child shall be treated (other than for purposes of this paragraph) as having no gross income for such year and shall not be required to file a return under section 6012.
(B) Income included on parent's return.--In the case of a parent making the election under this paragraph--
(i) the gross income of each child to whom such election applies (to the extent the gross income of such child exceeds twice the amount described in paragraph (4)(A)(ii)(I)) shall be included in such parent's gross income for the taxable year,
(ii) the tax imposed by this section for such year with respect to such parent shall be the amount equal to the sum of--
(I) the amount determined under this section after the application of clause (i), plus
(II) for each such child, 15 percent of the lesser of the amount described in paragraph (4)(A)(ii)(I) or the excess of the gross income of such child over the amount so described, and
(iii) any interest which is an item of tax preference under section 57(a)(5) of the child shall be treated as an item of tax preference of such parent (and not of such child).
(C) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this paragraph.
(h) Maximum capital gains rate.--
(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of--
(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of--
(i) taxable income reduced by the net capital gain; or
(ii) the lesser of--
(I) the amount of taxable income taxed at a rate below 28 percent; or
(II) taxable income reduced by the adjusted net capital gain;
(B) 10 percent of so much of the adjusted net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of--
(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 28 percent, over
(ii) the taxable income reduced by the adjusted net capital gain;
(C) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the amount on which a tax is determined under subparagraph (B);
(D) 25 percent of the excess (if any) of--
(i) the unrecaptured section 1250 gain (or, if less, the net capital gain), over
(ii) the excess (if any) of--
(I) the sum of the amount on which tax is determined under subparagraph (A) plus the net capital gain, over
(II) taxable income; and
(E) 28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding subparagraphs of this paragraph.
(2) Reduced capital gain rates for qualified 5-year gain.--
(A) Reduction in 10-percent rate.--In the case of any taxable year beginning after December 31, 2000, the rate under paragraph (1)(B) shall be 8 percent with respect to so much of the amount to which the 10-percent rate would otherwise apply as does not exceed qualified 5-year gain, and 10 percent with respect to the remainder of such amount.
(B) Reduction in 20-percent rate.--The rate under paragraph (1)(C) shall be 18 percent with respect to so much of the amount to which the 20-percent rate would otherwise apply as does not exceed the lesser of--
(i) the excess of qualified 5-year gain over the amount of such gain taken into account under subparagraph (A) of this paragraph; or
(ii) the amount of qualified 5-year gain (determined by taking into account only property the holding period for which begins after December 31, 2000),
and 20 percent with respect to the remainder of such amount. For purposes of determining under the preceding sentence whether the holding period of property begins after December 31, 2000, the holding period of property acquired pursuant to the exercise of an option (or other right or obligation to acquire property) shall include the period such option (or other right or obligation) was held.
(3) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii).
(4) Adjusted net capital gain.--For purposes of this subsection, the term "adjusted net capital gain" means net capital gain reduced (but not below zero) by the sum of--
(A) unrecaptured section 1250 gain; and
(B) 28-percent rate gain.
(5) 28-percent rate gain.--For purposes of this subsection, the term "28- percent rate gain" means the excess (if any) of--
(A) the sum of--
(i) collectibles gain; and
(ii) section 1202 gain, over
(B) the sum of--
(i) collectibles loss;
(ii) the net short-term capital loss; and
(iii) the amount of long-term capital loss carried under section 1212(b)(1)(B) to the taxable year.
(6) Collectibles gain and loss.--For purposes of this subsection.--
(A) In general.--The terms "collectibles gain" and "collectibles loss" mean gain or loss (respectively) from the sale or exchange of a collectible (as defined in section 408(m) without regard to paragraph (3) thereof) which is a capital asset held for more than 1 year but only to the extent such gain is taken into account in computing gross income and such loss is taken into account in computing taxable income.
(B) Partnerships, etc.--For purposes of subparagraph (A), any gain from the sale of an interest in a partnership, S corporation, or trust which is attributable to unrealized appreciation in the value of collectibles shall be treated as gain from the sale or exchange of a collectible. Rules similar to the rules of section 751 shall apply for purposes of the preceding sentence.
(7) Unrecaptured section 1250 gain.--For purposes of this subsection.--
(A) In general.--The term "unrecaptured section 1250 gain" means the excess (if any) of--
(i) the amount of long-term capital gain (not otherwise treated as ordinary income) which would be treated as ordinary income if section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, over
(ii) the excess (if any) of--
(I) the amount described in paragraph (5)(B); over
(II) the amount described in paragraph (5)(A).
(B) Limitation with respect to section 1231 property.--The amount described in subparagraph (A)(i) from sales, exchanges, and conversions described in section 1231(a)(3)(A) for any taxable year shall not exceed the net section 1231 gain (as defined in section 1231(c)(3)) for such year.
(8) Section 1202 gain.--For purposes of this subsection, the term "section 1202 gain" means the excess of--
(A) the gain which would be excluded from gross income under section 1202 but for the percentage limitation in section 1202(a), over
(B) the gain excluded from gross income under section 1202.
(9) Qualified 5-year gain.--For purposes of this subsection, the term "qualified 5-year gain" means the aggregate long-term capital gain from property held for more than 5 years. The determination under the preceding sentence shall be made without regard to collectibles gain, gain described in paragraph (7)(A)(i), and section 1202 gain.
(10) Coordination with recapture of net ordinary losses under section 1231.-- If any amount is treated as ordinary income under section 1231(c), such amount shall be allocated among the separate categories of net section 1231 gain (as defined in section 1231(c)(3)) in such manner as the Secretary may by forms or regulations prescribe.
(11) Regulations.--The Secretary may prescribe such regulations as are appropriate (including regulations requiring reporting) to apply this subsection in the case of sales and exchanges by pass-thru entities and of interests in such entities.
(12) Pass-thru entity defined.--For purposes of this subsection, the term "pass-thru entity" means--
(A) a regulated investment company;
(B) a real estate investment trust;
(C) an S corporation;
(D) a partnership;
(E) an estate or trust;
(F) a common trust fund;
(G) a foreign investment company which is described in section 1246(b)(1) and for which an election is in effect under section 1247; and
(H) a qualified electing fund (as defined in section 1295).
(13) Special rules.--
(A) Determination of 28-percent rate gain.--In applying paragraph (5)--
(i) the amount determined under subparagraph (A) of paragraph (5) shall include long-term capital gain (not otherwise described in such subparagraph)--
(I) which is properly taken into account for the portion of the taxable year before May 7, 1997; or
(II) from property held not more than 18 months which is properly taken into account for the portion of the taxable year after July 28, 1997, and before January 1, 1998;
(ii) the amount determined under subparagraph (B) of paragraph (5) shall include long-term capital loss (not otherwise described in such subparagraph)--
(I) which is properly taken into account for the portion of the taxable year before May 7, 1997; or
(II) from property held not more than 18 months which is properly taken into account for the portion of the taxable year after July 28, 1997, and before January 1, 1998; and
(iii) subparagraph (B) of paragraph (5) (as in effect immediately before the enactment of this clause) shall apply to amounts properly taken into account before January 1, 1998.
(B) Determination of unrecaptured section 1250 gain.--The amount determined under paragraph (7)(A)(i) shall not include gain--
(i) which is properly taken into account for the portion of the taxable year before May 7, 1997; or
(ii) from property held not more than 18 months which is properly taken into account for the portion of the taxable year after July 28, 1997, and before January 1, 1998.
(C) Special rules for pass-thru entities.--In applying this paragraph with respect to any pass-thru entity, the determination of when gains and loss are properly taken into account shall be made at the entity level.
(D) Charitable remainder trusts.--Subparagraphs (A) and (B)(ii) shall not apply to any capital gain distribution made by a trust described in section 664.
CREDIT(S)
2001 Electronic Update
(Aug. 16, 1954, c. 736, 68A Stat. 5; Feb. 26, 1964, Pub.L. 88-272, Title I, § 111, 78 Stat. 19; Nov. 13, 1966, Pub.L. 89-809, Title I, § 103(a) (2), 80 Stat. 1550; Dec. 30, 1969, Pub.L. 91-172, Title VIII, § 803(a), 83 Stat. 678; May 23, 1977, Pub.L. 95-30, Title I, § 101(a), 91 Stat. 127; Nov. 11, 1978, Pub.L. 95-600, Title I, § 101(a), 92 Stat. 2767; Aug. 13, 1981, Pub.L. 97-34, Title I, §§ 101(a), 104(a), 95 Stat. 176, 188; Jan. 12, 1983, Pub.L. 97-448, Title I, § 101(a)(3), 96 Stat. 2366; Oct. 22, 1986, Pub.L. 99-514, Title I, § 101(a), Title III, § 302(a), Title XIV, § 1411(a), 100 Stat. 2096, 2216, 2714; Nov. 10, 1988, Pub.L. 100-647, Title I, §§ 1001(a)(3), 1014, (e)(1) to (3), 6, 7, Title VI, § 6006(a), 102 Stat. 3349, 3561, 3562, 3686; Dec. 19, 1989,