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Taxation in the United States

The United States has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well as various fees. In 2020, taxes collected by federal, state, and local governments amounted to 25.5% of GDP, below the OECD average of 33.5% of GDP.[1]

U.S. tax and transfer policies are progressive and therefore reduce effective income inequality, as rates of tax generally increase as taxable income increases. As a group, the lowest earning workers, especially those with dependents, pay no income taxes and may actually receive a small subsidy from the federal government (from child credits and the Earned Income Tax Credit).[2] Taxes fall much more heavily on labor income than on capital income. Divergent taxes and subsidies for different forms of income and spending can also constitute a form of indirect taxation of some activities over others. Taxes are imposed on net income of individuals and corporations by the federal, most state, and some local governments. Citizens and residents are taxed on worldwide income and allowed a credit for foreign taxes. Income subject to tax is determined under tax accounting rules, not financial accounting principles, and includes almost all income from whatever source, except that as a result of the enactment of the Inflation Reduction Act of 2022, large corporations are subject to a 15% minimum tax for which the starting point is annual financial statement income.


Most business expenses reduce taxable income, though limits apply to a few expenses. Individuals are permitted to reduce taxable income by personal allowances and certain non-business expenses, including home mortgage interest, state and local taxes, charitable contributions, and medical and certain other expenses incurred above certain percentages of income.


State rules for determining taxable income often differ from federal rules. Federal marginal tax rates vary from 10% to 37% of taxable income.[3] State and local tax rates vary widely by jurisdiction, from 0% to 13.30% of income,[4] and many are graduated. State taxes are generally treated as a deductible expense for federal tax computation, although the 2017 tax law imposed a $10,000 limit on the state and local tax ("SALT") deduction, which raised the effective tax rate on medium and high earners in high tax states. Prior to the SALT deduction limit, the average deduction exceeded $10,000 in most of the Midwest, and exceeded $11,000 in most of the Northeastern United States, as well as California and Oregon.[5] The states impacted the most by the limit were the tri-state area (NY, NJ, and CT) and California; the average SALT deduction in those states was greater than $17,000 in 2014.[5]


The United States is one of two countries in the world that taxes its non-resident citizens on worldwide income, in the same manner and rates as residents. The U.S. Supreme Court upheld the constitutionality of imposition of such a tax in the case of Cook v. Tait.[6] Nonetheless, the foreign earned income exclusion eliminates U.S. taxes on the first $120,000 of annual foreign source earned income of U.S. citizens and certain U.S. residents living and working abroad. (This is the inflation-adjusted amount for 2023.)[7] Payroll taxes are imposed by the federal and all state governments. These include Social Security and Medicare taxes imposed on both employers and employees, at a combined rate of 15.3% (13.3% for 2011 and 2012). Social Security tax applies only to the first $132,900 of wages in 2019.[8] There is an additional Medicare tax of 0.9% on wages above $200,000. Employers must withhold income taxes on wages. An unemployment tax and certain other levies apply to employers. Payroll taxes have dramatically increased as a share of federal revenue since the 1950s, while corporate income taxes have fallen as a share of revenue. (Corporate profits have not fallen as a share of GDP).


Property taxes are imposed by most local governments and many special purpose authorities based on the fair market value of property. School and other authorities are often separately governed, and impose separate taxes. Property tax is generally imposed only on realty, though some jurisdictions tax some forms of business property. Property tax rules and rates vary widely with annual median rates ranging from 0.2% to 1.9% of a property's value depending on the state.[9] Sales taxes are imposed by most states and some localities on the price at retail sale of many goods and some services. Sales tax rates vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed. Sales tax is collected by the seller at the time of sale, or remitted as use tax by buyers of taxable items who did not pay sales tax.


The United States imposes tariffs or customs duties on the import of many types of goods from many jurisdictions. These tariffs or duties must be paid before the goods can be legally imported. Rates of duty vary from 0% to more than 20%, based on the particular goods and country of origin. Estate and gift taxes are imposed by the federal and some state governments on the transfer of property inheritance, by will, or by lifetime donation. Similar to federal income taxes, federal estate and gift taxes are imposed on worldwide property of citizens and residents and allow a credit for foreign taxes.

Types of taxpayers[edit]

Taxes may be imposed on individuals (natural persons), business entities, estates, trusts, or other forms of organization. Taxes may be based on property, income, transactions, transfers, importations of goods, business activities, or a variety of factors, and are generally imposed on the type of taxpayer for whom such tax base is relevant. Thus, property taxes tend to be imposed on property owners. In addition, certain taxes, particularly income taxes, may be imposed on the members of a business or other entity based on the income of the entity. For example, a partner is taxed on the partner's allocable share of the income of an entity that is or, under entity classification rules, is classified as a partnership. Another example relates to the grantors or beneficiaries of trusts. Yet another example relates to the United States shareholders of controlled foreign corporations.


With a few exceptions, one level of government does not impose tax on another level of government or its instrumentalities.

Processing federal tax returns (except TTB returns), including those for Social Security and other federal payroll taxes

Providing assistance to taxpayers in completing tax returns

Collecting all taxes due related to such returns

Enforcement of tax laws through examination of returns and assessment of penalties

Providing an appeals mechanism for federal tax disputes

Referring matters to the Justice Department for prosecution

Publishing information about U.S. federal taxes, including forms, publications, and other materials

Providing written guidance in the form of rulings binding on the IRS for the public and for particular taxpayers

Legal basis[edit]

The United States Constitution provides that Congress "shall have the power to lay and collect Taxes, Duties, Imposts, and Excises ... but all Duties, Imposts, and Excises shall be uniform throughout the United States."[114] Prior to amendment, it provided that "No Capitation, or other direct, Tax shall be Laid unless in proportion to the Census ..." The 16th Amendment provided that "Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." The 10th Amendment provided that "powers not delegated to the United States by this Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people."


Congress has enacted numerous laws dealing with taxes since adoption of the Constitution. Those laws are now codified as Title 19, Customs Duties, Title 26, Internal Revenue Code, and various other provisions. These laws specifically authorize the United States Secretary of the Treasury to delegate various powers related to levy, assessment and collection of taxes.


State constitutions uniformly grant the state government the right to levy and collect taxes. Limitations under state constitutions vary widely.


Various fringe individuals and groups have questioned the legitimacy of United States federal income tax. These arguments are varied, but have been uniformly rejected by the Internal Revenue Service and by the courts and ruled to be frivolous.[115][116][117]

Economics[edit]

According to a 2011 study, the U.S. economy would become approximately $1.6 trillion larger or $5,200 wealthier per person, after a simplification of the complex U.S. tax system.[146]

History of taxation in the United States

Internal Revenue Service

List of countries by tax rates

List of countries by tax revenue as percentage of GDP

Tariffs in United States history

Tax Cuts and Jobs Act of 2017

Tax resistance in the United States

Stepped-up basis

IRS , Your Federal Income Tax

Publication 17

U.S. Customs and Border Protection booklet

Importing into the United States

IRS website

to state websites

Links

Customs and Border Patrol website

Alcohol and Tobacco Tax website

Government sources:


Law & regulations:


Standard texts (most updated annually):


Reference works:


Popular publications (annual):


Articles

Tariffs applied by the United States as provided by ITC's , an online database of customs tariffs and market requirements.

Market Access Map