Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 63: Taxable income defined

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Except as provided in subsection (b), for purposes of this subtitle, the term “taxable income” means gross income minus the deductions allowed by this chapter (other than the standard deduction). the standard deduction, the deduction for personal exemptions provided in section 151, any deduction provided in section 199A, the deduction provided in section 170(p), the deduction provided in section 224, the deduction provided in section 225 and 1 1 So in original. Probably should be preceded by a comma. so much of the deduction allowed by section 163(a) as is attributable to the exception under section 163(h)(4)(A). the basic standard deduction, and the additional standard deduction. a joint return, or a surviving spouse (as defined in section 2(a)), $4,400 in the case of a head of household (as defined in section 2(b)), or $3,000 in any other case. For purposes of paragraph (1), the additional standard deduction is the sum of each additional amount to which the taxpayer is entitled under subsection (f). such dollar amount, multiplied by “calendar year 1987” in the case of the dollar amounts contained in paragraph (2)(B), (2)(C), or (5)(A) or subsection (f), and “calendar year 1997” in the case of the dollar amount contained in paragraph (5)(B). $500, or the sum of $250 and such individual’s earned income. a married individual filing a separate return where either spouse itemizes deductions, a nonresident alien individual, an individual making a return under section 443(a)(1) for a period of less than 12 months on account of a change in his annual accounting period, or an estate or trust, common trust fund, or partnership, by substituting “$23,625” for “$4,400” in subparagraph (B), and by substituting “$15,750” for “$3,000” in subparagraph (C). Paragraph (4) shall not apply to the dollar amounts contained in paragraphs (2)(B) and (2)(C). such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2024” for “2016” in subparagraph (A)(ii) thereof. the deductions allowable in arriving at adjusted gross income, and any deduction referred to in any paragraph of subsection (b). Unless an individual makes an election under this subsection for the taxable year, no itemized deduction shall be allowed for the taxable year. For purposes of this subtitle, the determination of whether a deduction is allowable under this chapter shall be made without regard to the preceding sentence. Any election under this subsection shall be made on the taxpayer’s return, and the Secretary shall prescribe the manner of signifying such election on the return. the spouse makes a change of election with respect to itemized deductions, for the taxable year covered in such separate return, consistent with the change of treatment sought by the taxpayer, and the taxpayer and his spouse consent in writing to the assessment (within such period as may be agreed on with the Secretary) of any deficiency, to the extent attributable to such change of election, even though at the time of the filing of such consent the assessment of such deficiency would otherwise be prevented by the operation of any law or rule of law. for himself if he has attained age 65 before the close of his taxable year, and for the spouse of the taxpayer if the spouse has attained age 65 before the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b). for himself if he is blind at the close of the taxable year, and for the spouse of the taxpayer if the spouse is blind as of the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b). In the case of an individual who is not married and is not a surviving spouse, paragraphs (1) and (2) shall be applied by substituting “$750” for “$600”. For purposes of this subsection, an individual is blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. For purposes of this section, marital status shall be determined under section 7703.

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