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).
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Governed by Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act (FUTA).
- Governed by special IRC sections, including annual exclusion amounts and unified credit amounts.
- 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.