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Internal Revenue Code

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Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a legal context. The rates and merits of the various taxes, imposed by the authorities, are attained via the political process inherent in these bodies of power, and not directly attributable to the actual domain of tax law itself.

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43-580: The Internal Revenue Code of 1986 ( IRC ), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code . The IRC is organized topically into subtitles and sections, covering federal income tax in the United States , payroll taxes , estate taxes , gift taxes , and excise taxes ; as well as procedure and administration. The Code's implementing federal agency

86-409: A 25% exclusive sales tax rate yields $ 20 in taxes owed. Since the sales tax is added "on the top", the individual pays $ 20 of tax on $ 80 of pre-tax goods for a total cost of $ 100. In either case, the tax base of $ 100 can be treated as two parts—$ 80 of after-tax spending money and $ 20 of taxes owed. A 25% exclusive tax rate approximates a 20% inclusive tax rate after adjustment. By including taxes owed in

129-557: A 4 percent dividend tax credit for individuals. The Internal Revenue Code of 1954 was enacted in the form of a separate code by act of August 16, 1954, ch. 736, 68A  Stat.   1 . The Tax Reform Act of 1986 changed the name of the 1954 Code to the "Internal Revenue Code of 1986". In addition to being published in various volumes of the United States Statutes at Large, the Internal Revenue Code

172-410: A Master of Philosophy (M.Phil.), a Doctor of Philosophy degree (Ph.D.), or a Doctor of Laws degree (LL.D.) with emphasis on tax law. A list of tax faculty ranked by publication downloads is maintained by Paul Caron at TaxProf Blog. Marginal tax rate In a tax system, the tax rate is the ratio (usually expressed as a percentage ) at which a business or person is taxed. The tax rate that

215-448: A certain percentage of U.S. tax that would apply on such income if U.S. tax had been applicable to the income. An interesting phenomenon connected with effective tax rate is its negativity called negative effective tax rate, which occurs when the tax benefits received by an individual or corporation exceed the taxable income . A negative tax rate can happen because of factors such as tax credits, deductions, or incentives, for example, if

258-496: A corporation has a pre-tax income of $ 100k and tax benefits of $ 110k, then the corporation has a negative effective tax rate. It also works with individuals and in this system government pays individuals. Tax rates can be presented differently due to differing definitions of tax base, which can make comparisons between tax systems confusing. Some tax systems include the taxes owed in the tax base (tax-inclusive, Before Tax), while other tax systems do not include taxes owed as part of

301-428: A designated higher bracket, which in 2016 in the United States was $ 415,050. For annual income that was above the cut-off point in that higher bracket, the marginal tax rate in 2016 was 39.6%. For income below the $ 415,050 cut off, the lower tax rate was 35% or less. The marginal tax rate on income can be expressed mathematically as follows: where t is the total tax liability and i is total income, and ∆ refers to

344-640: A lawyer. Further post-graduate practical training is required. Graduates earn an undergraduate law degree, viz. the Bachelor of Laws (LL.B.), via a four-year program (as in Malawi, Kenya, Zambia, and most of South African law universities). Subsequently, graduates with the Bachelor of Laws seek to earn the Master of Laws or greater in order to become practitioners of the law. Some law institutions offer tracks to

387-438: A numerical change. In accounting practice, the tax numerator in the above equation usually includes taxes at federal, state, provincial, and municipal levels. Marginal tax rates are applied to income in countries with progressive taxation schemes, with incremental increases in income taxed in progressively higher tax brackets , resulting in the tax burden being distributed amongst those who can most easily afford it. An example of

430-492: A pack of cigarettes containing 20 cigarettes but in the United Kingdom. In the United Kingdom, the flat tax rate is at 16.5 % of the retail price and also £ 6.33 per pack of 20. Let’s say that the price of the pack of cigarettes before tax is £10.00. Then specific tax is £ 6.33 and flat tax rate is £10.00 * 16.5% = £1.65. Then a pack of 20 cigarettes costs £17.98 and the tax expense is £7.98. The effective tax rate

473-531: A pack of cigarettes containing 20 cigarettes in California. The California tax rate is $ 0.1435 per cigarette stick and $ 2.87 per pack of 20 cigarettes. So if a pack costs $ 10 or $ 12, the tax rate for both is $ 2.87. For some goods exists a combination of two tax rates. The commonly known mixed tax rate is specific and flat at once. Usually, it is used for excise taxation or sin taxation used on tobacco, alcohol, or fuel. For example, we can again have

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516-427: A percentage. Average tax rates is used to measure tax burden of individuals and corporations and how taxes affect the individuals and corporations ability to consum. In a proportional tax , the tax rate is fixed and the average tax rate equals this tax rate. In case of tax brackets , commonly used for progressive taxes , the average tax rate increases as taxable income increases through tax brackets, asymptoting to

559-400: A tax exclusive basis. For direct rate comparisons between exclusive and inclusive taxes, one rate must be manipulated to look like the other. When a tax system imposes taxes primarily on income , the tax base is a household's pre-tax income. The appropriate income tax rate is applied to the tax base to calculate taxes owed. Under this formula, taxes to be paid are included in the base on which

602-467: Is a fixed amount of tax on a specific good or service. It means that the tax rate is not in the form of percentages but in the form of single units which does not depend on the price of goods but on the amount of units. Specific tax is used in tobacco taxation because it has been proved that a high specific tax significantly enlarges the price of cigarettes and it is an effective way to reduce the consumption of goods like cigarettes. For example, we can have

645-661: Is a flat tax rate in Colorado. There is a flat tax rate determined at 4.4%. Assuming that an annual taxable income is $ 100,000, then the income tax is equal to $ 4,400. In practice, a flat tax rate on income is used in many states of the USA , like Colorado, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Pennsylvania, and Utah, or internationally, for example in many post-Soviet countries like Hungary, Serbia, Estonia or Ukraine, and also in Iceland or Bolivia. On

688-611: Is a specialisation of accountants, tax agents, and lawyers. Accountants are required by either CPA Australia to complete a course in law of taxation and law of financial services. There is a legal obligation to complete taxation law and commercial law for registration as a tax agent with the Tax Practitioner's Board. Law students are not typically required to complete a unit in tax law, but may opt to take it as an elective in Australian universities. Most African countries use

731-525: Is also lowered, and the average tax rate decreases too. Their value depends highly on the top marginal tax bracket. For example, if we have an individual whose top marginal tax bracket is 10% then the maximum deductions from $ 2000 is $ 200. On the other hand, if we have an individual whose top marginal tax rate is 37% then the maximum deduction from $ 2000 is $ 740. A tax credit is an amount that can be subtracted directly from an individual tax bill, which means that credits increase an individual's refund or reduce

774-422: Is applied to an individual's or corporation's income is determined by tax laws of the country and can be influenced by many factors such as income level, type of income, and so on. There are several methods used to present a tax rate: statutory, average, marginal, flat, and effective. These rates can also be presented using different definitions applied to a tax base: inclusive and exclusive. A statutory tax rate

817-479: Is derived or levied, e.g. income tax, estate tax, business tax, employment/payroll tax, property tax, gift tax and exports/imports tax. There have been some arguments that consumer law is a better way to engage in large-scale redistribution than tax law because it does not necessitate legislation and can be more efficient, given the complexities of tax law. Primary taxation issues differ among various countries, although similarities might exist. Tax law education

860-467: Is imposed by Internal Revenue Code esection 11. The organization of the Internal Revenue Code, as enacted in hundreds of Public Laws passed by the U.S. Congress since 1954, is identical to the organization of the Internal Revenue Code separately published as Title 26 of the U.S. Code. For example, section 45(b)(7)(B)(i)(I)(aa)(AA) ( 26 U.S.C. 45(e)(7)(B)(i)(I)(aa) ) would be as follows: Title 26: Internal Revenue Code The Internal Revenue Code

903-560: Is separately published as Title 26 of the United States Code. The text of the Internal Revenue Code as published in title 26 of the U.S. Code is virtually identical to the Internal Revenue Code as published in the various volumes of the United States Statutes at Large . Of the 50 enacted titles, the Internal Revenue Code is the only volume that has been published in the form of a separate code. With respect to

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946-579: Is the Internal Revenue Service . Prior to 1874, U.S. statutes (whether in tax law or other subjects) were not codified. That is, the acts of Congress were not organized and published in separate volumes based on the subject matter (such as taxation, bankruptcy, etc.). Codifications of statutes, including tax statutes, undertaken in 1873 resulted in the Revised Statutes of the United States , approved June 22, 1874, effective for

989-459: Is the percent of their income that an individual or a corporation pays in taxes. The term is used in financial reporting to measure the total tax paid as a percentage of the company's accounting income, instead of as a percentage of the taxable income. International Accounting Standard 12, define it as income tax expense or benefit for accounting purposes divided by accounting profit. In Generally Accepted Accounting Principles (United States) ,

1032-411: Is the legally imposed rate. An income tax could have multiple statutory rates for different income levels, where a sales tax may have a flat statutory rate. The statutory tax rate is expressed as a percentage and will always be higher than the effective tax rate. An average tax rate is the ratio of the total amount of taxes paid to the total tax base (taxable income or spending), expressed as

1075-451: Is topically organized and generally referred to by section number (sections 1 through 9834). Some topics are short (e.g., tax rates) and some quite long (e.g., pension & benefit plans). Key IRC Topics By Section: (This is not intended to be a complete list of sections.) Tax law Tax law is part of public law. It covers the application of existing tax laws on individuals, entities and corporations, in areas where tax revenue

1118-486: The federal income tax on individuals, the 1954 Code imposed a progressive tax with 24 income brackets applying to tax rates ranging from 20% to 91%. For example, the following is a schedule showing the federal marginal income tax rate imposed on each level of taxable income of a single (unmarried) individual under the 1954 Code: References to the Internal Revenue Code in the United States Code and other statutes of Congress subsequent to 1954 generally mean Title 26 of

1161-489: The "Internal Revenue Code" (later known as the "Internal Revenue Code of 1939"). The 1939 Code was published as volume 53, Part I, of the United States Statutes at Large and as title 26 of the United States Code. Subsequent permanent tax laws enacted by the United States Congress updated and amended the 1939 Code. On August 16, 1954, in connection with a general overhaul of the Internal Revenue Service ,

1204-532: The 1986 Code retained most of the same lettering and numbering of subtitles, chapters, subchapters, parts, subparts, sections, etc. The 1986 Code, as amended from time to time (and still published as title 26 of the United States Code), retains the basic structure of the 1954 Code. Section 1 of the Internal Revenue Code imposes the federal income tax on the taxable income of U.S. citizens and residents, and of estates and trusts. The corporate income tax

1247-487: The British legal education curriculum in their law educational system to train lawyers. Overall, legal education, across African countries, starts at the university level as an undergraduate course although a few universities have promulgated a law degree as a graduate program "akin to [that] … in the United States, Canada, and India." In most African countries, a law degree does not necessarily qualify one to practice as

1290-687: The Code as amended. The basic structure of Title 26 remained the same until the enactment of the comprehensive revision contained in Tax Reform Act of 1986 , although individual provisions of the law were changed on a regular basis. Section 2 of the Tax Reform Act of 1986 provides (in part): Thus, the 1954 Code was renamed the Internal Revenue Code of 1986 by section 2 of the Tax Reform Act of 1986 . The 1986 Act contained substantial amendments, but no formal re-codification. That is,

1333-464: The IRC was greatly reorganized by the 83rd United States Congress and expanded (by Chapter 736, Pub. L.   83–591 ). Ward M. Hussey was the principal drafter of the Internal Revenue Code of 1954. The code was published in volume 68A of the United States Statutes at Large . To prevent confusion with the 1939 Code, the new version was thereafter referred to as the "Internal Revenue Code of 1954" and

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1376-435: The amount of taxes that an individual owes. Tax credits again lower the average tax rate but tax credits are not influenced by the marginal tax rate. If an individual has $ 2000 of tax credits then his taxes are directly smaller by $ 2000. The standard theory of optimal tax rate aims to design the tax to maximize social welfare while collecting a certain level of revenue. One of the theories on how to find optimal tax rates

1419-472: The base (tax-exclusive, After Tax). In the United States , sales taxes are usually quoted exclusively and income taxes are quoted inclusively. The majority of Europe, value added tax (VAT) countries, include the tax amount when quoting merchandise prices, including Goods and Services Tax (GST) countries, such as Australia and New Zealand . However, those countries still define their tax rates on

1462-547: The last $ 5,000 of income (30%). In total, they would pay $ 4,500, or an 18% average tax rate. Flat tax rate also known as single-rate is one of the simplest taxations. For flat is a single tax rate (same percentage) on the whole taxable amount. A flat tax rate is used because of its simplicity, transparency, neutrality, and stability. Flat tax rates are quite transparent because it makes it easier for taxpayer to estimate their tax liability and for policymakers to estimate how changes would impact tax revenue. One simplified example

1505-547: The laws in force as of December 1, 1873. Title 35 of the Revised Statutes was the Internal revenue title. Another codification was undertaken in 1878. In 1919, a committee of the U.S. House of Representatives began a project to recodify U.S. statutes, which eventually resulted in a new United States Code in 1926 (including tax statutes). The tax statutes were re-codified by an Act of Congress on February 10, 1939 as

1548-400: The other hand, it must be said that, in practice, no state has a perfectly flat income tax rate, and every state makes certain distinctions between types of income and has several discounts and reductions. A poll tax , also known as a head tax, is a flat tax of a set dollar amount per person. As an example, in the history of the USA, a poll tax was introduced in 1870, which was a fee paid for

1591-631: The prior version as the "Internal Revenue Code of 1939". The lettering and numbering of subtitles, sections, etc., was completely changed. For example, section 22 of the 1939 Code (defining gross income) was roughly analogous to section 61 of the 1954 Code. The 1954 Code replaced the 1939 Code as title 26 of the United States Code . The 1954 Code temporarily extended the Revenue Act of 1951 's 5 percentage point increase in corporate tax rates through March 31, 1955, increased depreciation deductions by providing additional depreciation schedules, and created

1634-400: The right to vote. The marginal tax in these scenarios would be constant (in case of a poll tax—zero), however, these are both forms of regressive taxation and place a higher tax burden on those who are least able to cope with it, and often results in an underfunded government leading to increased deficits. A marginal tax rate is the tax rate on income set at a higher rate for incomes above

1677-486: The tax base, an exclusive tax rate can be directly compared to an inclusive tax rate. Tax deductions and tax credits are two ways how to decrease taxpayer’s liability. Individuals can claim credits and deductions when they file their tax returns to lower their taxes, which is connected with marginal and average tax rates. A tax deduction is an amount you can subtract from your taxable income, so you do not have to pay tax on it. By lowering individual taxes, taxable income

1720-429: The tax rate is imposed. If an individual's gross income is $ 100 and income tax rate is 20%, taxes owed equals $ 20. The income tax is taken "off the top", so the individual is left with $ 80 in after-tax money. Some tax laws impose taxes on a tax base equal to the pre-tax portion of a good's price. Unlike the income tax example above, these taxes do not include actual taxes owed as part of the base. A good priced at $ 80 with

1763-431: The term is used in official guidance only with respect to determining income tax expense for interim (e.g. quarterly) periods by multiplying accounting income by an "estimated annual effective tax rate", the definition of which rate varies depending on the reporting entity's circumstances. In U.S. income tax law, the term can be used in relation to determining whether a foreign income tax on specific types of income exceeds

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1806-420: The top tax rate. For example, consider a system with three tax brackets, 10%, 20%, and 30%, where the 10% rate applies to income from $ 1 to $ 10,000, the 20% rate applies to income from $ 10,001 to $ 20,000, and the 30% rate applies to all income above $ 20,000. Under this system, someone earning $ 25,000 would pay $ 1,000 for the first $ 10,000 of income (10%); $ 2,000 for the second $ 10,000 of income (20%); and $ 1,500 for

1849-490: The usage of marginal tax rates and tax brackets used in the USA in 2023 can be seen below. The layout can be seen in the following table. For an income equal to $ 58,000 per year then $ 11,000 of it is taxed by 10%, $ 33,725 by 12%, and $ 13,275 by 22%. The marginal tax of this individual is equal to 22%. This is also an example of how progressive taxation works in practice. Marginal taxes are used by governments to generate revenue. A specific tax rate , or per unit tax rate,

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