§1. Tax imposed
(a) 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) 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) 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) 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) 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.
(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 an amount equal to the gain excluded from gross income under section 1202(a).
(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."
(Aug. 16, 1954, ch. 736,
Tax Tables for Taxable Years Beginning in 2000
Revenue Procedure 99–42 provided:
Section 1. Purpose
This revenue procedure sets forth inflation adjusted items for 2000.
Section 2. Changes Made From Preceding Year
.01 The limitations in §132(f) on the exclusion from gross income for qualified transportation fringes, as amended by section 9010(b) of the Transportation Equity Act for the 21st Century,
.02 The value of property exempt from levy under §6334(a)(2) (fuel, provisions, furniture, and other household personal effects, as well as arms for personal use, livestock, and poultry) and under §6334(a)(3) (books and tools necessary for the trade, business, or profession of the taxpayer), as amended by section 3431 of the Internal Revenue Service Restructuring and Reform Act of 1998,
Section 3. 2000 Adjusted Items
.01 Tax Rate Tables. For tax years beginning in 2000, the tax rate tables under §1 are as follows:
If Taxable Income Is: | The Tax Is: |
---|---|
Not Over $43,850 | 15% of the taxable income |
Over $43,850 but not over $105,950 | $6,577.50 plus 28% of the excess over $43,850 |
Over $105,950 but not over $161,450 | $23,965.50 plus 31% of the excess over $105,950 |
Over $161,450 but not over $288,350 | $41,170.50 plus 36% of the excess over $161,450 |
Over $288,350 | $86,854.50 plus 39.6% of the excess over $288,350 |
If Taxable Income Is: | The Tax Is: |
---|---|
Not Over $35,150 | 15% of the taxable income |
Over $35,150 but not over $90,800 | $5,272.50 plus 28% of the excess over $35,150 |
Over $90,800 but not over $147,050 | $20,854.50 plus 31% of the excess over $90,800 |
Over $147,050 but not over $288,350 | $38,292 plus 36% of the excess over $147,050 |
Over $288,350 | $89,160 plus 39.6% of the excess over $288,350 |
If Taxable Income Is: | The Tax Is: |
---|---|
Not Over $26,250 | 15% of the taxable income |
Over $26,250 but not over $63,550 | $3,937.50 plus 28% of the excess over $26,250 |
Over $63,550 but not over $132,600 | $14,381.50 plus 31% of the excess over $63,550 |
Over $132,600 but not over $288,350 | $35,787 plus 36% of the excess over $132,600 |
Over $288,350 | $91,857 plus 39.6% of the excess over $288,350 |
If Taxable Income Is: | The Tax Is: |
---|---|
Not Over $21,925 | 15% of the taxable income |
Over $21,925 but not over $52,975 | $3,288.75 plus 28% of the excess over $21,925 |
Over $52,975 but not over $80,725 | $11,982.75 plus 31% of the excess over $52,975 |
Over $80,725 but not over $144,175 | $20,585.25 plus 36% of the excess over $80,725 |
Over $144,175 | $43,427.25 plus 39.6% of the excess over $144,175 |
If Taxable Income Is: | The Tax Is: |
---|---|
Not Over $1,750 | 15% of the taxable income |
Over $1,750 but not over $4,150 | $262.50 plus 28% of the excess over $1,750 |
Over $4,150 but not over $6,300 | $934.50 plus 31% of the excess over $4,150 |
Over $6,300 but not over $8,650 | $1,601 plus 36% of the excess over $6,300 |
Over $8,650 | $2,447 plus 39.6% of the excess over $8,650 |
.02 Unearned Income of Minor Children Taxed as if Parent's Income (the "Kiddie Tax"). For tax years beginning in 2000, the amount in §1(g)(4)(A)(ii)(I), which is used to reduce the net unearned income reported on the child's return that is subject to the "kiddie tax," is $700. (This amount is the same as the $700 standard deduction amount provided in section 3.05(2) of this revenue procedure.) In the alternative, the same $700 amount is used for purposes of §1(g)(7) (that is, determining whether a parent may elect to include a child's gross income in the parent's gross income and for calculating the "kiddie tax").
.03 Earned Income Credit.
(1) In general. For tax years beginning in 2000, the following amounts are used to determine the earned income credit under §32(b). The "earned income amount" is the amount of earned income at or above which the maximum amount of the earned income credit is allowed. The "threshold phaseout amount" is the amount of modified adjusted gross income (or, if greater, earned income) above which the maximum amount of the credit begins to phase out. The "completed phaseout amount" is the amount of modified adjusted gross income (or if greater, earned income) at or above which no credit is allowed.
Number of Children | Maximum Amount of the Credit | Earned Income Amount | Threshold Phaseout Amount | Completed Phaseout Amount |
---|---|---|---|---|
1 | $2,353 | $6,920 | $12,690 | $27,413 |
2 or more | $3,888 | $9,720 | $12,690 | $31,152 |
None | $ 353 | $4,610 | $ 5,770 | $10,380 |
The Internal Revenue Service, in the instructions for the Form 1040 series, provides tables showing the amount of the earned income credit for each type of taxpayer.
(2) Excessive investment income. For tax years beginning in 2000, the earned income credit is denied under §32(i) if the aggregate amount of certain investment income exceeds $2,400.
.04 Alternative Minimum Tax Exemption for a Child Subject to the "Kiddie Tax." For tax years beginning in 2000, in the case of a child to whom the §1(g) "kiddie tax" applies, the exemption amount under §55 and §59(j) for purposes of the alternative minimum tax under §55 may not exceed the sum of (A) such child's earned income for the taxable year, plus (B) $5,200.
.05 Standard Deduction.
(1) In general. For tax years beginning in 2000, the standard deduction amounts under §63(c)(2) are as follows:
Filing Status | Standard Deduction |
---|---|
Married Individuals Filing Joint Returns and Surviving Spouses (§1(a)) | $7,350 |
Heads of Households (§1(b)) | $6,450 |
Unmarried Individuals (Other Than Surviving Spouses and Heads of Households) (§1(c)) | $4,400 |
Married Individuals Filing Separate Returns (§1(d)) | $3,675 |
(2) Dependent. For tax years beginning in 2000, the standard deduction amount under §63(c)(5) for an individual who may be claimed as a dependent by another taxpayer may not exceed the greater of $700, or the sum of $250 and the individual's earned income.
(3) Aged and blind. For tax years beginning in 2000, the additional standard deduction amounts under §63(f) for the aged and for the blind are $850 for each. These amounts are increased to $1,100 if the individual is also unmarried and not a surviving spouse.
.06 Overall Limitation on Itemized Deductions. For tax years beginning in 2000, the "applicable amount" of adjusted gross income under §68(b), above which the amount of otherwise allowable itemized deductions is reduced under §68, is $128,950 (or $64,475 for a separate return filed by a married individual).
.07 Qualified Transportation Fringe. For tax years beginning in 2000, the monthly limitation under §132(f)(2)(A), regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass, is $65. The monthly limitation under §132(f)(2)(B) regarding the fringe benefit exclusion amount for qualified parking is $175.
.08 Income from United States Savings Bonds for Taxpayers Who Pay Qualified Higher Education Expenses. For tax years beginning in 2000, the exclusion under §135, regarding income from United States savings bonds for taxpayers who pay qualified higher education expenses, begins to phase out for modified adjusted gross income above $81,100 for joint returns and $54,100 for other returns. This exclusion completely phases out for modified adjusted gross income of $111,100 or more for joint returns and $69,100 or more for other returns.
.09 Personal Exemption.
(1) Exemption amount. For tax years beginning in 2000, the personal exemption amount under §151(d) is $2,800.
(2) Phaseout. For tax years beginning in 2000, the personal exemption amount begins to phase out at, and is completely phased out after, the following adjusted gross income amounts:
Filing Status | Threshold Phaseout Amount | Completed Phaseout Amount After |
---|---|---|
Code §1(a) | $193,400 | $315,900 |
Code §1(b) | $161,150 | $283,650 |
Code §1(c) | $128,950 | $251,450 |
Code §1(d) | $ 96,700 | $157,950 |
.10 Eligible Long-Term Care Premiums. For tax years beginning in 2000, the limitations under §213(d), regarding eligible long-term care premiums includible in the term "medical care," are as follows:
Attained age before the close of the taxable year: | |
---|---|
40 or less | $ 220 |
More than 40 but not more than 50 | $ 410 |
More than 50 but not more than 60 | $ 820 |
More than 60 but not more than 70 | $2,200 |
More than 70 | $2,750 |
.11 Medical Savings Accounts.
(1) Self-only coverage. For tax years beginning in 2000, the term "high deductible health plan" as defined in §220(c)(2)(A) means, in the case of self-only coverage, a health plan which has an annual deductible that is not less than $1,550 and not more than $2,500, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits does not exceed $3,100.
(2) Family coverage. For tax years beginning in 2000, the term "high deductible health plan" means, in the case of family coverage, a health plan which has an annual deductible that is not less than $3,100 and not more than $4,650, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits does not exceed $5,700.
.12 Treatment of Dues Paid to Agricultural or Horticultural Organizations. For tax years beginning in 2000, the limitation under §512(d)(1), regarding the exemption of annual dues required to be paid by a member to an agricultural or horticultural organization, is $112.
.13 Insubstantial Benefit Limitations for Contributions Associated with Charitable Fund-Raising Campaigns.
(1) Low cost article. For tax years beginning in 2000, the unrelated business income of certain exempt organizations under §513(h)(2) does not include a "low cost article" of $7.40 or less.
(2) Other insubstantial benefits. For tax years beginning in 2000, the $5, $25, and $50 guidelines in section 3 of Rev. Proc. 90–12, 1990–1 C.B. 471 (as amplified and modified), for disregarding the value of insubstantial benefits received by a donor in return for a fully deductible charitable contribution under §170, are $7.40, $37, and $74, respectively.
.14 Funeral Trusts. For a contract entered into during calendar year 2000 for a "qualified funeral trust," as defined in §685, the trust may not accept aggregate contributions by or for the benefit of an individual in excess of $7,200.
.15 Expatriation to Avoid Tax. For calendar year 2000, the thresholds used under §877(a)(2), regarding whether an individual's loss of United States citizenship had the avoidance of United States taxes as one of its principal purposes, are more than $112,000 for "average annual net income tax" and $562,000 or more for "net worth."
.16 Valuation of Qualified Real Property in Decedent's Gross Estate. For an estate of a decedent dying in calendar year 2000, if the executor elects to use the special use valuation method under §2032A for qualified real property, the aggregate decrease in the value of qualified real property resulting from electing to use §2032A that is taken into account for purposes of the estate tax may not exceed $770,000.
.17 Annual Exclusion for Gifts.
(1) For calendar year 2000, the first $10,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts under §2503 made during that year.
(2) For calendar year 2000, the first $103,000 of gifts to a spouse who is not a citizen of the United States (other than gifts of future interests in property) are not included in the total amount of taxable gifts under §§2503 and 2523(i)(2) made during that year.
.18 Generation-Skipping Transfer Tax Exemption. For calendar year 2000, the generation-skipping transfer tax exemption under §2631, which is allowed in determining the "inclusion ratio" defined in §2642, is $1,030,000.
.19 Luxury Automobile Excise Tax. For calendar year 2000, the excise tax under §§4001 and 4003 is imposed on the first retail sale of a passenger vehicle (including certain parts or accessories installed within six months of the date after the vehicle was first placed in service), to the extent the price exceeds $38,000.
.20 Passenger Air Transportation Excise Tax. For calendar year 2000, the tax under §4261(c) on any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins or ends in the United States, generally is $12.40. However, in the case of a domestic segment beginning or ending in Alaska or Hawaii as described in §4261(c)(3), the tax only applies to departures and is at the rate of $6.20.
.21 Reporting Exception for Certain Exempt Organizations with Nondeductible Lobbying Expenditures. For tax years beginning in 2000, the annual per person, family, or entity dues limitation to qualify for the reporting exception under §6033(e)(3) (and section 5.05 of Rev. Proc. 98–19, 1998–7 I.R.B. 30), regarding certain exempt organizations with nondeductible lobbying expenditures, is $78 or less.
.22 Notice of Large Gifts Received from Foreign Persons. For tax years beginning in 2000, recipients of gifts from certain foreign persons may have to report these gifts under §6039F if the aggregate value of gifts received in a taxable year exceeds $10,931.
.23 Persons against Which a Federal Tax Lien is Not Valid. For calendar year 2000, a federal tax lien is not valid against (1) certain purchasers under §6323(b)(4) that purchased personal property in a casual sale for less than $1,060, or (2) a mechanic's lienor under §6323(b)(7) that repaired or improved certain residential property if the contract price with the owner is not more than $5,320.
.24 Property Exempt from Levy. For calendar year 2000, the value of property exempt from levy under §6334(a)(2) (fuel, provisions, furniture, and other household personal effects, as well as arms for personal use, livestock, and poultry) may not exceed $6,360. The value of property exempt from levy under §6334(a)(3) (books and tools necessary for the trade, business, or profession of the taxpayer) may not exceed $3,180.
.25 Interest on a Certain Portion of the Estate Tax Payable in Installments. For an estate of a decedent dying in calendar year 2000, the dollar amount used to determine the "2-percent portion" (for purposes of calculating interest under §6601(j)) of the estate tax payable in installments under §6166 is $1,030,000.
.26 Attorney Fee Awards. For fees incurred in calendar year 2000, the attorney fee award limitation under §7430(c)(1)(B)(iii) is $140 per hour.
.27 Periodic Payments Received under Qualified Long-Term Care Insurance Contracts or under Certain Life Insurance Contracts. For calendar year 2000, the stated dollar amount of the per diem limitation under §7702B(d)(4), regarding periodic payments received under a qualified long-term care insurance contract or periodic payments received under a life insurance contract that are treated as paid by reason of the death of a chronically ill individual, is $190.
Section 4. Effective Date
.01 General Rule. Except as provided in section 4.02, this revenue procedure applies to tax years beginning in 2000.
.02 Calendar Year Rule. This revenue procedure applies to transactions or events occurring in calendar year 2000 for purposes of section 3.14 (funeral trusts), section 3.15 (expatriation to avoid tax), section 3.16 (valuation of qualified real property in decedent's gross estate), section 3.17 (annual exclusion for gifts), section 3.18 (generation-skipping transfer tax exemption), section 3.19 (luxury automobile excise tax), section 3.20 (passenger air transportation excise tax), section 3.23 (persons against which a federal tax lien is not valid), section 3.24 (property exempt from levy), section 3.25 (interest on a certain portion of the estate tax payable in installments), section 3.26 (attorney fee awards), and section 3.27 (periodic payments received under qualified long-term care insurance contracts or under certain life insurance contracts).
Tax Tables for Certain Tax Years
Revenue Procedure 98–61 provided the following inflation adjusted items for tax years beginning in 1999 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the earned income tax credit and the phaseout of the earned income tax credit; (4) the alternative minimum tax exemption for a child subject to the "kiddie tax"; (5) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of an individual who may be claimed as a dependent by another taxpayer, and the additional standard deduction amounts for the aged and the blind; (6) the overall limitation on itemized deductions; (7) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (8) the personal exemption and the phaseout of the tax benefit of personal exemptions; (9) the limitations regarding eligible long-term care premiums includible as "medical care"; (10) the annual deductible and out-of-pocket expenses required to be paid for a "high deductible health plan" for purposes of eligibility for medical savings plan deductions; (11) the limitation regarding the exemption of annual dues required to be paid by a member to an agricultural or horticultural organization; (12) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; (13) the aggregate contributions limitation to a "qualified funeral trust"; (14) the amounts of net tax and net worth used to determine if a loss resulting from expatriation was incurred for tax avoidance; (15) the limitation on the amount of the aggregate decrease in the value of qualified real property resulting from the use of the special use valuation method that may be taken into account for estate tax purposes; (16) the values of gifts to any person and to a spouse who is not a citizen of the United States that are not included in the total amount of taxable gifts; (17) the generation-skipping transfer tax exemption allowed in determining the "inclusion ratio"; (18) the luxury automobile excise tax threshold amount; (19) the tax on any amount paid for any transportation of any person by air beginning or ending in the United States; (20) the reporting exception amount for certain exempt organizations with nondeductible lobbying expenditures; (21) the annual limitation on large gifts received from foreign persons for purpose of triggering reporting requirement; (22) the maximum price of personal property purchased in a casual sale such that a federal tax lien is not valid against the purchaser and the maximum contract price for repair or improvement of residential property by a mechanic's lienor such that a federal tax lien is not valid against the mechanic's lienor; (23) the dollar amount used to determine the "2-percent portion" of the estate tax payable in installments; (24) the hourly limit on attorney fee awards in administrative or judicial proceedings under the Code; and (25) the limitation regarding periodic payments received under qualified long-term care insurance contracts or certain life insurance contracts.
Revenue Procedure 97–57 provided the following inflation adjusted items for tax years beginning in 1998 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the earned income tax credit and the phaseout of the earned income tax credit; (4) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of an individual who may be claimed as a dependent by another taxpayer, and the additional standard deduction amounts for the aged and the blind; (5) the overall limitation on itemized deductions; (6) the monthly limitation regarding the aggregate fringe benefit exclusion amount for commuter transportation; (7) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (8) the personal exemption and the phaseout of the tax benefit of personal exemptions; (9) the limitations regarding eligible long-term care premiums includible as "medical care"; (10) the limitation regarding the exemption of annual dues required to be paid by a member to an agricultural or horticultural organization; (11) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; (12) the amounts of net tax and net worth used to determine if a loss resulting from expatriation was incurred for tax avoidance; (13) the luxury automobile excise tax threshold amount; (14) the reporting exception amount for certain exempt organizations with nondeductible lobbying expenditures; (15) the annual limitation on large gifts received from foreign persons for purpose of triggering reporting requirement; (16) the limitation on the value of property exempt from levy; (17) the hourly limit on attorney fee awards in administrative or judicial proceedings under the Code; and (18) the limitation regarding periodic payments received under qualified long-term care insurance contracts or certain life insurance contracts.
Revenue Procedure 96–59 provided the following inflation adjusted items for tax years beginning in 1997 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the earned income tax credit and the phaseout of the earned income tax credit; (4) the alternative minimum tax exemption for "kiddie tax" reported on a parent's return; (5) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (6) the overall limitation on itemized deductions; (7) the limitation on exclusion for employer-provided qualified transportation fringe; (8) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (9) the personal exemption and the phaseout of the tax benefit of personal exemptions; (10) the amount of dues paid to an agricultural or horticultural organization for purposes of treatment of payment as being derived from an unrelated trade or business; (11) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; (12) the amounts of net tax and net worth used to determine if a loss resulting from expatriation was incurred for tax avoidance; (13) the luxury automobile excise tax threshold amount; (14) the reporting exception amount for certain exempt organizations with nondeductible lobbying expenditures; (15) the annual limitation on large gifts received from foreign persons for purpose of triggering reporting requirement; and (16) hourly limit on attorney fee awards in administrative or judicial proceedings under the Code.
Revenue Procedure 95–53 provided the following inflation adjusted items for tax years beginning in 1996 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the earned income tax credit and the phaseout of the earned income tax credit; (4) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (5) the overall limitation on itemized deductions; (6) the limitation on exclusion for employer-provided qualified transportation fringe; (7) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (8) the personal exemption and the phaseout of the tax benefit of personal exemptions; (9) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; (10) the luxury automobile excise tax threshold amount; and (11) the reporting exception amount for certain exempt organizations with nondeductible lobbying expenditures.
Revenue Procedure 94–72 provided the following inflation adjusted items for tax years beginning in 1995 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the earned income tax credit and the phaseout of the earned income tax credit; (4) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (5) the overall limitation on itemized deductions; (6) the limitation on exclusion for employer-provided qualified transportation fringe; (7) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (8) the personal exemption and the phaseout of the tax benefit of personal exemptions; (9) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; and (10) the luxury automobile excise tax threshold amount.
Revenue Procedure 93–49 provided the following inflation adjusted items for tax years beginning in 1994 (1) the tax rate tables for individuals and for estates and trusts; (2) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (3) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (4) the overall limitation on itemized deductions; (5) the limitation on exclusion for employer-provided qualified transportation fringe; (6) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (7) the personal exemption and the phaseout of the tax benefit of personal exemptions; (8) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns; and (9) the luxury automobile excise tax threshold amount.
Revenue Procedure 92–102 provided the following inflation adjusted items for tax years beginning in 1993 (1) the tax rate tables for individuals and for estates and trusts; (2) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (3) the personal exemption and the phaseout of the tax benefit of personal exemptions; (4) the earned income credit; (5) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (6) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; (7) the overall limitation on itemized deductions; and (8) the insubstantial benefit limitations for contributions associated with charitable fund-raising campaigns.
Revenue Procedure 91–65 provided the following inflation adjusted items for tax years beginning in 1992 (1) the tax rate tables for individuals and for estates and trusts; (2) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deduction amounts for the aged and for the blind; (3) the personal exemption and the phaseout of the tax benefit of personal exemptions; (4) the earned income credit; (5) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; (6) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses; and (7) the overall limitation on itemized deductions.
Revenue Procedure 90–64 provided the following inflation adjusted items for taxable years beginning in 1991 (1) the tax rate tables for individuals and for estates and trusts; (2) the basic standard deduction amounts for different filing statuses, the limitation on the standard deduction in the case of certain dependents, and the additional standard deductions for the aged and blind; (3) the personal exemption; (4) the earned income credit; (5) the amounts allowed against unearned income in computing the "kiddie tax," which taxes a minor child's net unearned income at the marginal rate that applies to the income of the child's parent; and (6) the limitations on the exclusion of income from the redemption of United States savings bonds for taxpayers who pay qualified higher education expenses.
Revenue Procedure 90–7 provided the income tax inflation adjustment (indexing) factors as determined pursuant to the various provisions of this title for taxable years beginning in 1990, and set forth the application of the factors to the following: the tax rate tables for individuals and for estates and trusts; the basic standard deduction amounts for different filing statuses; the limitation on the standard deduction in the case of certain dependents; the additional standard deductions for the aged and blind; the earned income credit; and the personal exemption.
Revenue Procedure 88–56 provided the income tax inflation adjustment (indexing) factors as determined pursuant to various provisions of this title for taxable years beginning in 1989, and set forth the application of the factors to the following: the tax rate tables for individuals and for estates and trusts; the basic standard deduction amounts for different filing statuses; the additional standard deductions for the aged and blind; the limitation on the standard deduction under certain circumstances; and the earned income credit.
Revenue Procedure 84–79 and Revenue Procedure 85–55, with respect to taxable years beginning in 1985 and 1986, respectively, prescribed adjusted tax tables in lieu of the tables contained in paragraph (3) of former subsections (a), (b), (c), (d), and (e) of this section, to provide the income tax cost-of-living adjustment (indexing) factor as determined pursuant to former subsection (f)(3) of this section.
References in Text
The enactment of this clause, referred to in subsec. (h)(13)(A)(iii), means the date of enactment of
Amendments
1998-Subsec. (g)(3)(C), (D).
"(i) taxable income of the parent shall be increased by the amount treated as included in gross income under section 644(a)(2)(A)(i), and
"(ii) the amount described in subparagraph (A)(ii) shall be increased by the amount of the excess referred to in section 644(a)(2)(A)."
Subsec. (h).
Subsec. (h)(5).
"(5) 28-
"(A)
"(i) the sum of-
"(I) the aggregate long-term capital gain from property held for more than 1 year but not more than 18 months;
"(II) collectibles gain; and
"(III) section 1202 gain, over
"(ii) the sum of-
"(I) the aggregate long-term capital loss (not described in subclause (IV)) from property referred to in clause (i)(I);
"(II) collectibles loss;
"(III) the net short-term capital loss; and
"(IV) the amount of long-term capital loss carried under section 1212(b)(1)(B) to the taxable year.
"(B)
"(i)
"(I) section 1233(b)(1) shall be applied by substituting '18 months' for '1 year' each place it appears; and
"(II) the holding period of such property shall be treated as being 1 year on the day before the earlier of the date of the closing of the short sale or the date such property is disposed of.
"(ii)
"(iii)
"(iv)
Subsec. (h)(6)(A).
Subsec. (h)(7)(A)(i), (ii).
"(i) the amount of long-term capital gain (not otherwise treated as ordinary income) which would be treated as ordinary income if-
"(I) section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, and
"(II) only gain from property held for more than 18 months were taken into account, over
"(ii) the excess (if any) of-
"(I) the amount described in paragraph (5)(A)(ii), over
"(II) the amount described in paragraph (5)(A)(i)."
Subsec. (h)(13).
"(A)
"(i) the amount determined under subclause (I) of paragraph (5)(A)(i) shall include long-term capital gain (not otherwise described in paragraph (5)(A)(i)) which is properly taken into account for the portion of the taxable year before May 7, 1997;
"(ii) the amounts determined under subclause (I) of paragraph (5)(A)(ii) shall include long-term capital loss (not otherwise described in paragraph (5)(A)(ii)) which is properly taken into account for the portion of the taxable year before May 7, 1997; and
"(iii) clauses (i)(I) and (ii)(I) of paragraph (5)(A) shall be applied by not taking into account any gain and loss on property held for more than 1 year but not more than 18 months which is properly taken into account for the portion of the taxable year after May 6, 1997, and before July 29, 1997.
"(B)
"(i)
"(ii)
Subsec. (h)(13)(B).
Subsec. (h)(13)(D).
1997-Subsec. (h).
"(1) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-
"(A) taxable income reduced by the amount of the net capital gain, or
"(B) the amount of taxable income taxed at a rate below 28 percent, plus
"(2) a tax of 28 percent of the amount of taxable income in excess of the amount determined under paragraph (1).
For purposes of the preceding sentence, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii)."
1996-Subsec. (g)(7)(A)(ii).
Subsec. (g)(7)(B)(i).
Subsec. (g)(7)(B)(ii)(II).
1993-Subsecs. (a) to (e).
Subsec. (f)(1).
Subsec. (f)(3)(B).
Subsec. (f)(7).
Subsec. (h).
1990-Subsecs. (a) to (e).
Subsec. (f)(1).
Subsec. (f)(3)(B).
Subsec. (f)(6)(A).
Subsec. (f)(6)(B).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
"(1)
"(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) the taxable income reduced by the amount of net capital gain, or
"(ii) the amount of taxable income taxed at a rate below 28 percent, plus
"(B) a tax of 28 percent of the amount of taxable income in excess of the amount determined under subparagraph (A), plus
"(C) the amount of increase determined under subsection (g).
"(2)
"(A) any taxable year beginning in 1987, and
"(B) any taxable year beginning after 1987 if the highest rate of tax set forth in subsection (a), (b), (c), (d), or (e) (whichever applies) for such taxable year exceeds 28 percent."
1989-Subsec. (f)(6)(B).
Subsec. (i)(3)(C), (D).
Subsec. (i)(7)(A).
1988-Subsec. (g)(2).
Subsec. (i)(3)(A).
Subsec. (i)(3)(C).
Subsec. (i)(4)(A)(i).
Subsec. (i)(4)(A)(ii)(II).
Subsec. (i)(5)(A).
Subsec. (i)(7).
1986-Subsecs. (a) to (e).
Subsec. (f).
"(A) by increasing-
"(i) the maximum dollar amount on which no tax is imposed under such table, and
"(ii) 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)(ii), and
"(C) by adjusting the amounts setting forth the tax to the extent necessary to reflect the adjustments in the rate brackets.",
and struck out concluding provisions which read as follows: "If any increase determined under subparagraph (A) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10).", in par. (3)(B) substituted "1987" for "1983", in par. (4) substituted "August 31" for "September 30", in par. (5) inserted requirement that the Consumer Price Index most consistent with such Index for calendar year 1986 be used, and added par. (6).
Subsecs. (g), (h).
Subsec. (i).
Subsec. (j).
1982-Subsecs. (d), (e).
1981-Subsecs. (a) to (e).
Subsec. (f).
1978-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1977-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1969-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1966-Subsecs. (d), (e).
1964-
Effective Date of 1998 Amendments
"(1)
"(2)
Effective Date of 1997 Amendment
Section 311(d) of
"(1)
"(2)
Effective Date of 1996 Amendment
Section 1704(m)(4) of
Effective Date of 1993 Amendment
Section 13201(c) of
Section 13202(c) of
Section 13206(d)(3) of
Effective Date of 1990 Amendment
Section 11101(e) of
Section 11103(e) of
Section 11104(c) of
Effective Date of 1989 Amendment
Section 7817 of
Section 7831(g) of
Effective Date of 1988 Amendment
Section 1019 of title I of
"(a)
"(b)
Section 6006(b) of
Effective Date of 1986 Amendment
Section 151 of title I of
"(a)
"(b)
"(c)
"(d)
"(e)
Section 302(b) of
Section 1411(c) of
Effective Date of 1983 Amendment
Section 109 of title I of
Effective Date of 1981 Amendment
Section 101(f)(1) of
Section 104(e) of
Effective Date of 1978 Amendment
Section 101(f)(1) of
Effective Date of 1977 Amendment
Section 106(a) of
Effective Date of 1969 Amendment
Section 803(f) of
Effective Date of 1966 Amendment
Section 103(n) of
"(1) The amendments made by this section (other than the amendments made by subsections (h), (i), and (k)) [enacting section 877 of this title, amending this section and sections 116, 154, 871, 872, 873, 874, 875, 932, 6015, and 7701 of this title, renumbering section 877 as 878, and repealing section 1493 of this title] shall apply with respect to taxable years beginning after December 31, 1966.
"(2) The amendments made by subsection (h) [amending section 1441 of this title] shall apply with respect to payments made in taxable years of recipients beginning after December 31, 1966.
"(3) The amendments made by subsection (i) [amending section 1461 of this title] shall apply with respect to payments occurring after December 31, 1966.
"(4) The amendments made by subsection (k) [amending section 3401 of this title] shall apply with respect to remuneration paid after December 31, 1966."
Effective Date of 1964 Amendment
Section 131 of
Short Title of 1999 Amendment
Short Title of 1998 Amendments
Short Title of 1997 Amendments
Section 1(a) of
Short Title of 1996 Amendments
Section 1(a) of
Short Title of 1994 Amendments
Short Title of 1993 Amendments
Section 13001(a) of title XIII of
Short Title of 1992 Amendments
Short Title of 1991 Amendments
Short Title of 1990 Amendment
Section 11001(a) of title XI of
Short Title of 1989 Amendment
Section 7001(a) of title VII of
Section 7701 of title VII of
Short Title of 1988 Amendment
Section 1(a) of
Section 6226 of
Short Title of 1987 Amendments
Short Title of 1986 Amendments
Section 1(a) of
Short Title of 1984 Amendment
Short Title of 1983 Amendments
Section 1(a) of
Short Title of 1982 Amendments
Section 401 of title IV of
Short Title of 1981 Amendments
Section 1(a) of
Short Title of 1980 Amendments
Short Title of 1979 Amendment
Short Title of 1978 Amendments
Section 1(a) of
Section 1(a) of
Short Title of 1977 Amendments
Section 1(a) of
Short Title of 1976 Amendments
Section 1 of
Short Title of 1975 Amendments
Short Title of 1973 Amendments
For short title of
Short Title of 1972 Amendment
Short Title of 1971 Amendments
For short title of
Short Title of 1970 Amendment
For short title of
Short Title of 1969 Amendments
For short title of
Short Title of 1968 Amendment
Short Title of 1967 Amendment
For short title of
Short Title of 1966 Amendments
For short title of title I of
For short title of title III of
For short title of
Short Title of 1965 Amendment
Short Title of 1964 Amendments
Section 1 of
Short Title of 1963 Amendment
Short Title of 1962 Amendments
For short title of
Short Title of 1961 Amendment
Short Title of 1959 Amendments
Section 1 of
Short Title of 1958 Amendments
For short title of
Short Title of 1957 Amendment
Section 1 of
Short Title of 1956 Amendments
For short title of title II of act June 29, 1956 as the "Highway Revenue Act of 1956", see section 201(a) of act June 29, 1956, set out as a note under section 4041 of this title.
For short title of act Mar. 29, 1956 as the "Tax Rate Extension Act of 1956", see section 1 of act Mar. 29, 1956, set out as a note under section 4041 of this title.
For short title of act Mar. 13, 1956 as the "Life Insurance Company Tax Act for 1955", see section 1 of act Mar. 13, 1956, set out as a Short Title note under section 821 of this title.
Section 1 of act Mar. 13, 1956, provided: "That this Act [enacting section 843 of this title and amending sections 316, 501, 594, 801 to 805, 811 to 813, 816 to 818, 821, 822, 832, 841, 842, 891, 1201, 1504, and 4371 of this title] be cited as the 'Life Insurance Company Tax Act for 1955'."
Short Title of 1955 Amendment
For short title of act Mar. 30, 1955 as the "Tax Rate Extension Act of 1955", see section 1 of act Mar. 30, 1955, set out as a note under section 4041 of this title.
Coordination of Title IV of Division J of Pub. L. 105–277 With Other Titles of Division J
Coordination of Title VI of Pub. L. 105–206 With Other Titles of Pub. L. 105–206
Application of Special Rules for Maximum Capital Gains Rate
"(2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code shall not apply to any distribution after December 31, 1997, by a regulated investment company or a real estate investment trust with respect to-
"(i) gains and losses recognized directly by such company or trust, and
"(ii) amounts properly taken into account by such company or trust by reason of holding (directly or indirectly) an interest in another such company or trust to the extent that such subparagraphs did not apply to such other company or trust with respect to such amounts.
"(B) Subparagraph (A) shall not apply to any distribution which is treated under section 852(b)(7) or 857(b)(8) of the 1986 Code as received on December 31, 1997.
"(C) For purposes of subparagraph (A), any amount which is includible in gross income of its shareholders under section 852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 31, 1997, shall be treated as distributed after such date.
"(D)(i) For purposes of subparagraph (A), in the case of a qualified partnership with respect to which a regulated investment company meets the holding requirement of clause (iii)-
"(I) the subparagraphs referred to in subparagraph (A) shall not apply to gains and losses recognized directly by such partnership for purposes of determining such company's distributive share of such gains and losses, and
"(II) such company's distributive share of such gains and losses (as so determined) shall be treated as recognized directly by such company.
The preceding sentence shall apply only if the qualified partnership provides the company with written documentation of such distributive share as so determined.
"(ii) For purposes of clause (i), the term 'qualified partnership' means, with respect to a regulated investment company, any partnership if-
"(I) the partnership is an investment company registered under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.],
"(II) the regulated investment company is permitted to invest in such partnership by reason of section 12(d)(1)(E) of such Act [15 U.S.C. 80a–12(d)(1)(E)] or an exemptive order of the Securities and Exchange Commission under such section, and
"(III) the regulated investment company and the partnership have the same taxable year.
"(iii) A regulated investment company meets the holding requirement of this clause with respect to a qualified partnership if (as of January 1, 1998)-
"(I) the value of the interests of the regulated investment company in such partnership is 35 percent or more of the value of such company's total assets, or
"(II) the value of the interests of the regulated investment company in such partnership and all other qualified partnerships is 90 percent or more of the value of such company's total assets."
Capital Gain Distribution by Trust
Coordination of Title XVI of Pub. L. 105–34 With Other Titles of Pub. L. 105–34
Section 1600 of title XVI of
Election To Recognize Gain on Assets Held on January 1, 2001
Section 311(e) of
"(1)
"(A) any readily tradable stock (which is a capital asset) held by such taxpayer on January 1, 2001, and not sold before the next business day after such date, as having been sold on such next business day for an amount equal to its closing market price on such next business day (and as having been reacquired on such next business day for an amount equal to such closing market price), and
"(B) any other capital asset or property used in the trade or business (as defined in section 1231(b) of the Internal Revenue Code of 1986) held by the taxpayer on January 1, 2001, as having been sold on such date for an amount equal to its fair market value on such date (and as having been reacquired on such date for an amount equal to such fair market value).
"(2)
"(A) Any gain resulting from an election under paragraph (1) shall be treated as received or accrued on the date the asset is treated as sold under paragraph (1) and shall be recognized notwithstanding any provision of the Internal Revenue Code of 1986.
"(B) Any loss resulting from an election under paragraph (1) shall not be allowed for any taxable year.
"(3)
"(4)
Coordination of Subtitle G of Title I of Pub. L. 104–188 With Other Subtitles of Title I of Pub. L. 104–188
Section 1701 of
Election To Pay Additional 1993 Taxes in Installments
Section 13201(d) of
"(1)
"(2)
"(A) the first installment shall be paid on or before the due date for the taxpayer's taxable year beginning in calendar year 1993,
"(B) the second installment shall be paid on or before the date 1 year after the date determined under subparagraph (A), and
"(C) the third installment shall be paid on or before the date 2 years after the date determined under subparagraph (A).
For purposes of the preceding sentence, the term 'due date' means the date prescribed for filing the taxpayer's return determined without regard to extensions.
"(3)
"(4)
"(A)
"(i) the taxpayer's net chapter 1 liability as shown on the taxpayer's return for the taxpayer's taxable year beginning in calendar year 1993, over
"(ii) the amount which would have been the taxpayer's net chapter 1 liability for such taxable year if such liability had been determined using the rates which would have been in effect under section 1 of the Internal Revenue Code of 1986 for taxable years beginning in calendar year 1993 but for the amendments made by this section [amending this section and sections 41, 63, 68, 132, 151, 453A, 513, 531, and 541 of this title] and section 13202 [amending this section and sections 531 and 541 of this title] and such liability had otherwise been determined on the basis of the amounts shown on the taxpayer's return.
"(B)
"(i) after the application of any credit against such tax other than the credits under sections 31 and 34, and
"(ii) before crediting any payment of estimated tax for the taxable year.
"(5)
"(6)
"(7)
Coordination of Subtitle G of Title XI of Pub. L. 101–508 With Other Subtitles of Title XI
Section 11700 of
Coordination of Subtitle H of Title VII of Pub. L. 101–239 With Other Subtitles of Title VII
Section 7801(b) of
Transitional Rule for Maximum Capital Gains Rate
Section 302(c) of
Coordination of Title XVIII of Pub. L. 99–514 With Other Titles of Pub. L. 99–514
Section 1800 of title XVIII of
Coordination With Other Provisions
"(1) imposing any tax (or exempting any person or property from any tax),
"(2) establishing any trust fund, or
"(3) authorizing amounts to be expended from any trust fund."
[S.Con.Res. 174, agreed to Oct. 18, 1986, provided: "That, in the enrollment of the bill (H.R. 5300) to provide for reconciliation pursuant to section 2 of the concurrent resolution on the budget for fiscal year 1987, the Clerk of the House of Representatives shall insert at the end of section 8081 of the bill the following: Paragraph (3) shall not apply to any authorization made by title IX of this Act." As a result of clerical error, the sentence was inserted at the end of section 8101 of the bill, and appears at the end of section 8101 of
"(1) imposes any tax, premium, or fee,
"(2) establishes any trust fund, or
"(3) authorizes amounts to be expended from any trust fund,
shall have no force or effect."
Elimination of 50-Cent Rounding Errors
Section 101(a)(3) of
"(A) which is set forth in section 1 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by section 101 of the Economic Recovery Tax Act of 1981 [
"(B) which applies to married individuals filing separately or to estates and trusts,
differs by not more than 50 cents from the correct amount under the formula used in constructing such table, such figure is hereby corrected to the correct amount." [See 1982 Amendment note above.]
Policy With Respect to Additional Tax Reductions
Section 3 of
Effective Date of Certain Definitions and Designations
"(1) which contains a term the meaning of which is defined in or modified by any provision of this title, and
"(2) which has an effective date earlier than the effective date of the provision of this title defining or modifying such term,
that definition or modification shall be considered to take effect as of such earlier effective date."
Congressional Declaration Relating to 1975 Amendment
"(a) Congress is determined to continue the tax reduction for the first 6 months of 1976 in order to assure continued economic recovery.
"(b) Congress is also determined to continue to control spending levels in order to reduce the national deficit.
"(c) Congress reaffirms its commitments to the procedures established by the Congressional Budget and Impoundment Control Act of 1974 [see Tables for classification of
"(d) If the Congress adopts a continuation of the tax reduction provided by this Act [see Short Title of 1975 Amendment note above] beyond June 30, 1976, and if economic conditions warrant doing so, Congress shall provide, through the procedures in the Budget Act [
Congressional Declaration Relating to 1964 Amendment
Definitions
"(1) 1986
"(2) 1998
"(3) 1997
Cross References
Deductions for individuals,
Additional itemized allowable, see section 211 et seq. of this title.
Itemized deductions, see section 161 et seq. of this title.
Personal exemptions, see section 151 et seq. of this title.
Dependent defined, see section 152 of this title.
Effect of change of rate of tax, see section 15 of this title.
Imposition of net income taxes by State on income derived from interstate commerce, see section 381 et seq. of Title 15, Commerce and Trade.
Income exempt under treaty, see section 894 of this title.
Income tax collected at source, see section 3402 of this title.
Nonresident aliens, see section 871 et seq. of this title.
Partners subject to income tax in individual capacities, see section 701 of this title.
Rate of tax under Federal Insurance Contributions Act, see section 3101 of this title.
Treaty obligations observed, see section 7852 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2, 3, 15, 25A, 32, 41, 42, 55, 59, 63, 68, 132, 135, 162, 213, 220, 221, 453A, 460, 468B, 511, 512, 513, 641, 685, 691, 774, 871, 876, 877, 891, 904, 911, 936, 962, 1260, 1291, 1301, 1398, 1446, 2032A, 2503, 2631, 3402, 4001, 4261, 6014, 6015, 6039F, 6103, 6242, 6323, 6334, 6601, 6652, 6655, 6867, 7430, 7518, 7519 of this title; title 7 section 940d; title 42 section 629; title 46 App. section 1177.