What Laws and Regulations Governs Tax System in the United States

What Laws and Regulations Governs Tax System in the United States

The tax system in the United States is governed by a combination of federal, state, and local laws and regulations. What follows is an overview of the most significant laws and regulatory frameworks that comprise the U.S. tax system:

1. Federal Laws and Regulations

a. Internal Revenue Code (IRC)

  • The Internal Revenue Code is the principal federal tax code of the United States. It addresses income taxes, payroll taxes, estate taxes, gift taxes, and excise taxes.
  • It is written into Title 26 of the United States Code (U.S.C.) and enforced by the Internal Revenue Service (IRS).

b. Treasury Regulations

  • Issued by the U.S. Department of the Treasury, these rules provide detailed guidelines on how the IRC is to be interpreted and applied.
  • They are categorized as: Proposed Regulations: Comments from the public. Temporary Regulations: Effective immediately, pending perfection. Final Regulations: Legally binding interpretations of the tax laws.

c. IRS Revenue Rulings and Revenue Procedures

  • Revenue Rulings: Clarify specific tax law circumstances based on the IRS's position.
  • Revenue Procedures: Provide procedural guidance to taxpayers, such as filing procedures or tax elections.

d. Tax Court Decisions

  • U.S. Tax Court rulings interpret tax statutes and resolve disputes between the IRS and taxpayers.
  • Decisions set precedents, especially where tax law is ambiguous.

2. State Tax Laws

  • Each state also has its own tax laws regarding income taxes, sales taxes, property taxes, and excise taxes.
  • There are no personal income taxes in some states (e.g., Texas and Florida), while others (e.g., California) have progressive taxation.

3. Local Tax Laws

  • Local governments (i.e., counties, cities) may impose the following taxes: Property taxes Local sales taxes Special district taxation for education or infrastructure

4. Key Legislative Acts Influencing U.S. Tax Laws

a. Tax Reform Acts

  • Tax Reform Act of 1986: Lowered tax brackets and eliminated numerous deductions.
  • Tax Cuts and Jobs Act (TCJA) of 2017: Lowered corporate tax rates, doubled the standard deduction, and capped SALT deductions.
  • Inflation Reduction Act of 2022: Enacted policies including a corporate alternative minimum tax.

b. CARES Act (2020)

  • Provided COVID-19 tax relief, including stimulus payments, increased tax credits, and loans to businesses.

c. SECURE Act (2019 & 2022 Updates)

  • Changed retirement account contribution regulations, withdrawals, and RMDs.

5. Constitutional Authority

  • 16th Amendment: Grants Congress the power to lay federal income taxes without apportioning them among the states.
  • Article I, Section 8: Gives Congress the power to impose duties, imposts, and excises.

6. International Tax Laws

  • U.S. citizens and residents are taxed on their worldwide income.
  • Key regulations include: Foreign Account Tax Compliance Act (FATCA): Requires reporting of foreign financial accounts. Tax Treaties: Agreements with other countries for the purpose of avoiding double taxation.

7. Other Governing Laws

a. Payroll Taxes

  • Governed by Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act (FUTA).

b. Estate and Gift Taxes

  • Governed by special IRC sections, including annual exclusion amounts and unified credit amounts.

c. Corporate Taxes

  • Has special provisions for C Corporations, S Corporations, partnerships, and LLCs.

8. Administrative Agencies

  • Internal Revenue Service (IRS): Primary federal tax collection agency.
  • State Tax Authorities: Each state has a separate department for collecting and administering tax.
  • Local Tax Agencies: Handle property taxes and local levies.

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