General rule
Definitions and special rules
Personal property taxes
The term “personal property tax” means an ad valorem tax which is imposed on an annual basis in respect of personal property.
State or local taxes
A State or local tax includes only a tax imposed by a State, a possession of the United States, or a political subdivision of any of the foregoing, or by the District of Columbia.
Foreign taxes
A foreign tax includes only a tax imposed by the authority of a foreign country.
Special rules for GST tax
In general
Special rule for tax paid before due date
Any tax referred to in subparagraph (A) imposed with respect to a transfer occurring during the taxable year of the distributee (or, in the case of a taxable termination, the trust) which is paid not later than the time prescribed by law (including extensions) for filing the return with respect to such transfer shall be treated as having been paid on the last day of the taxable year in which the transfer was made.
General sales taxes
Election to deduct State and local sales taxes in lieu of State and local income taxes
Definition of general sales tax
The term “general sales tax” means a tax imposed at one rate with respect to the sale at retail of a broad range of classes of items.
Special rules for food, etc.
Items taxed at different rates
Except in the case of a lower rate of tax applicable with respect to an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed with respect to an item at a rate other than the general rate of tax.
Compensating use taxes
Special rule for motor vehicles
In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax.
Separately stated general sales taxes
If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (other than in connection with the consumer’s trade or business) to the seller, such amount shall be treated as a tax imposed on, and paid by, such consumer.
Amount of deduction may be determined under tables
In general
Requirements for tables
Limitation on individual deductions for taxable years 2018 through 2025
Applicable limitation amount
In general
Phasedown based on modified adjusted gross income
In general
Except as provided in clause (iii), in the case of any taxable year beginning before , the applicable limitation amount shall be reduced by 30 percent of the excess (if any) of the taxpayer’s modified adjusted gross income over the threshold amount (half the threshold amount in the case of a married individual filing a separate return).
Threshold amount
Limitation on reduction
The reduction under clause (i) shall not result in the applicable limitation amount being less than $10,000.
Modified adjusted gross income
For purposes of this paragraph, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
Deduction denied in case of certain taxes
Apportionment of taxes on real property between seller and purchaser
General rule
Special rules
Taxes of shareholder paid by corporation
Deduction for one-half of self-employment taxes
In general
In the case of an individual, in addition to the taxes described in subsection (a), there shall be allowed as a deduction for the taxable year an amount equal to one-half of the taxes imposed by section 1401 (other than the taxes imposed by section 1401(b)(2)) for such taxable year.
Deduction treated as attributable to trade or business
For purposes of this chapter, the deduction allowed by paragraph (1) shall be treated as attributable to a trade or business carried on by the taxpayer which does not consist of the performance of services by the taxpayer as an employee.
Cross references
Aug. 16, 1954, ch. 73668A Stat. 47Pub. L. 85–866, title I, § 6(a)72 Stat. 1608Pub. L. 88–272, title II, § 207(a)78 Stat. 40–42Pub. L. 92–580, § 4(a)86 Stat. 1277Pub. L. 94–455, title XIX90 Stat. 1767Pub. L. 95–600, title I, § 111(a)92 Stat. 2777Pub. L. 96–223, title I, § 101(b)94 Stat. 250Pub. L. 97–473, title II, § 202(b)(3)96 Stat. 2609Pub. L. 98–21, title I, § 124(c)(1)97 Stat. 90Pub. L. 98–369, div. A, title IV, § 474(r)(29)(F)98 Stat. 844Pub. L. 99–499, title V, § 516(b)(2)(A)100 Stat. 1771Pub. L. 99–514, title I, § 134100 Stat. 2116Pub. L. 100–418, title I, § 1941(b)(2)(A)102 Stat. 1323Pub. L. 100–647, title I, § 1018(u)(11)102 Stat. 3590Pub. L. 104–188, title I, § 1704(t)(79)110 Stat. 1891Pub. L. 108–357, title V, § 501(a)118 Stat. 1520Pub. L. 109–135, title IV, § 403(r)(1)119 Stat. 2628Pub. L. 109–432, div. A, title I, § 103(a)120 Stat. 2934Pub. L. 110–343, div. C, title II, § 201(a)122 Stat. 3864Pub. L. 111–5, div. B, title I, § 1008(a)123 Stat. 317Pub. L. 111–148, title IX, § 9015(b)(2)(A)124 Stat. 871Pub. L. 111–312, title VII, § 722(a)124 Stat. 3316Pub. L. 112–240, title II, § 205(a)126 Stat. 2323Pub. L. 113–295, div. A, title I, § 105(a)128 Stat. 4013Pub. L. 114–113, div. Q, title I, § 106(a)129 Stat. 3046Pub. L. 115–97, title I, § 11042(a)131 Stat. 2085Pub. L. 117–169, title I136 Stat. 2014Pub. L. 119–21, title VII, § 70120(a)139 Stat. 169(, ; , , ; , (b)(1), (2), , ; , , ; , §§ 1901(a)(25), 1951(b)(3)(A), , , 1837; , (b), , ; , , ; , , ; , , ; , , ; , , ; , title XIV, § 1432(a)(1), (2), , , 2729; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , , ; , , ; , title II, §§ 209(c), 221(a)(12)(D), (26), (95)(B)(ii), , , 4028, 4038, 4040, 4051; , , ; , , ; , §§ 13903(a)(1), 13904(b)(1), , , 2015; , (b), , .)
Editorial Notes
References in Text
Pub. L. 113–295, div. A, title II, § 221(a)(95)(B)(i)128 Stat. 4051Section 2604, referred to in subsec. (b)(4)(A)(ii), was repealed by , , , effective .
Pub. L. 119–21, title VII, § 70111(a)139 Stat. 164Section 68, referred to in subsec. (b)(5)(H)(ii)(III), was amended generally by , , , and, as so amended, no longer defines “applicable amount” in subsec. (b).
Amendments
Pub. L. 119–21, § 70120(a)(1)2025—Subsec. (b)(6). , struck out “and before ” after “,” in introductory provisions.
Pub. L. 119–21, § 70120(a)(2)Subsec. (b)(6)(B). , substituted “the applicable limitation amount (half the applicable limitation amount in the case of a married individual filing a separate return)” for “$10,000 ($5,000 in the case of a married individual filing a separate return)”.
Pub. L. 119–21, § 70120(b)Subsec. (b)(7). , added par. (7).
Pub. L. 117–169, § 13903(a)(1)2022—Subsec. (b)(6). , amended par. (6), “as amended by section 13904”, by substituting “2025” for “2026” in heading and “2026” for “2027” in introductory provisions. See note below.
Pub. L. 117–169, § 13904(b)(1), substituted “2026” for “2025” in heading and “2027” for “2026” in introductory provisions.
Pub. L. 115–972017—Subsec. (b)(6). added par. (6).
Pub. L. 114–1132015—Subsec. (b)(5)(I). struck out subpar. (I). Text read as follows: “This paragraph shall apply to taxable years beginning after , and before .”
Pub. L. 113–295, § 221(a)(12)(D)2014—Subsec. (a)(5). , struck out par. (5) which read as follows: “The environmental tax imposed by section 59A.”
Pub. L. 113–295, § 221(a)(26)Subsec. (a)(6). , struck out par. (6) which read as follows: “Qualified motor vehicle taxes.”
Pub. L. 113–295, § 221(a)(95)(B)(ii)Subsec. (b)(4)(A)(ii). , inserted “(as in effect before its repeal)” after “section 2604”.
Pub. L. 113–295, § 105(a)Subsec. (b)(5)(I). , substituted “” for “”.
Pub. L. 113–295, § 221(a)(26)Subsec. (b)(6). , struck out par. (6) which related to qualified motor vehicle taxes.
Pub. L. 113–295, § 209(c)Subsec. (b)(6)(E) to (G). , redesignated subpars. (F) and (G) as (E) and (F), respectively, substituted “Subsection (a)(6)” for “This paragraph” in subpars. (E) and (F), and struck out former subpar. (E). Prior to amendment, text of former subpar. (E) read as follows: “The last sentence of subsection (a) shall not apply to any qualified motor vehicle taxes.”
Pub. L. 112–2402013—Subsec. (b)(5)(I). substituted “” for “”.
Pub. L. 111–3122010—Subsec. (b)(5)(I). substituted “” for “”.
Pub. L. 111–148Subsec. (f)(1). , which directed the insertion of “(other than the taxes imposed by section 1401(b)(2))” after “section 1401)” in subsec. (f), was executed by making the insertion after “section 1401” in subsec. (f)(1), to reflect the probable intent of Congress.
Pub. L. 111–5, § 1008(a)2009—Subsec. (a)(6). , added par. (6).
Pub. L. 111–5, § 1008(b)Subsec. (b)(6). , added par. (6).
Pub. L. 110–3432008—Subsec. (b)(5)(I). substituted “” for “”.
Pub. L. 109–4322006—Subsec. (b)(5)(I). substituted “2008” for “2006”.
Pub. L. 109–1352005—Subsec. (b)(5)(A). reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
In general“(i) .—At the election of the taxpayer for the taxable year, subsection (a) shall be applied—
“(I) without regard to the reference to State and local income taxes, and
“(II) as if State and local general sales taxes were referred to in a paragraph thereof.”
Pub. L. 108–3572004—Subsec. (b)(5). added par. (5).
Pub. L. 104–1881996—Subsec. (a)(4), (5). added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:
“(4) The environmental tax imposed by section 59A.
“(5) The GST tax imposed on income distributions.”
Pub. L. 100–4181988—Subsec. (a)(4). struck out par. (4) relating to windfall profit tax imposed by section 4986 and redesignated par. (5) relating to environmental tax as (4).
Pub. L. 100–647Subsec. (a)(5). substituted “The GST” for “the GST”.
Pub. L. 100–418 redesignated par. (5), relating to environmental tax, as (4).
Pub. L. 99–514, § 134(a)(2)1986—Subsec. (a). , inserted “Notwithstanding the preceding sentence, any tax (not described in the first sentence of this subsection) which is paid or accrued by the taxpayer in connection with an acquisition or disposition of property shall be treated as part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized on the disposition.”
Pub. L. 99–514, § 134(a)(1)Subsec. (a)(4). , struck out par. (4) relating to “State and local general sales taxes” and redesignated as par. (4) former par. (5) relating to windfall profit tax.
Pub. L. 99–514, § 1432(a)(1)Subsec. (a)(5). , added par. (5) relating to GST tax imposed on income distributions.
Pub. L. 99–499 added par. (5) relating to environmental tax.
Pub. L. 99–514, § 134(b)(1)Subsec. (b)(2). , (2), redesignated par. (3) as (2) and struck out former par. (2), general sales taxes provisions, subpars. (A) to (E) of which covered in general rule, special rules for food, etc., items taxed at different rates, compensating use taxes, and special rules for motor vehicles, respectively.
Pub. L. 99–514, § 134(b)(2)Subsec. (b)(3). , redesignated par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 99–514, § 1432(a)(2)Subsec. (b)(4). , added par. (4).
Pub. L. 99–514, § 134(b)(2), redesignated par. (4) as (3).
Pub. L. 99–514, § 134(b)(1)Subsec. (b)(5). , struck out par. (5), separately stated general sales taxes, which read as follows: “If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (otherwise than in connection with the consumer’s trade or business) to his seller, such amount shall be treated as a tax imposed on, and paid by, such consumer.”
Pub. L. 98–3691984—Subsec. (f). redesignated pars. (2) and (3) as pars. (1) and (2), respectively. Former par. (1), which referred to section 1451 for provisions disallowing any deduction for the payment of the tax imposed by subchapter B of chapter 3 (relating to tax-free covenant bonds), was struck out.
Pub. L. 98–211983—Subsec. (f). added subsec. (f). Former subsec. (f) redesignated (g).
Pub. L. 97–473Subsec. (f)(3). added par. (3).
Pub. L. 98–21Subsec. (g). redesignated subsec. (f) as (g).
Pub. L. 96–2231980—Subsec. (a)(5). added par. (5).
Pub. L. 95–600, § 111(a)1978—Subsec. (a)(5). , struck out par. (5) relating to a deduction for State and local taxes on the sale of gasoline, diesel fuel, and other motor fuels.
Pub. L. 95–600, § 111(b)Subsec. (b)(5). , struck out in heading “and gasoline taxes” after “sales taxes”, and in text “or of any tax on the sale of gasoline, diesel fuel, or other motor fuel” after “sales tax”.
Pub. L. 94–455, § 1901(a)(25)1976—Subsec. (d)(2). , redesignated subpar. (D) as (B), and struck out subpar. (B) which related to the taxable years that subsec. (d)(1) applied and subpar. (C) which related to the limitations on subsec. (d)(1) where real property tax was allowable as a deduction under the Internal Revenue Code of 1939.
Pub. L. 94–455, § 1951(b)(3)(A)Subsecs. (f), (g). , redesignated subsec. (g) as (f). Former subsec. (f), which related to payments for municipal services in atomic energy communities, was struck out.
Pub. L. 92–5801972—Subsec. (b)(2)(E). added subpar. (E).
Pub. L. 88–272, § 207(a)1964—Subsec. (a). , limited the subsection to State, local and foreign real property, income, war profits, excess profits, and unspecified taxes, on a business or activity described in section 212, and to State and local personal property, general sales, gasoline, diesel fuel and other motor fuel taxes.
Pub. L. 88–272, § 207(a)Subsec. (b). , added subsec. (b). Former subsec. (b), which denied the deduction for certain Federal income taxes, for Federal war profits and excess profits taxes, import duties, excise and stamp taxes, and estate, inheritance, legacy, succession and gift taxes, local assessments against benefits increasing property values, and certain taxes imposed by any foreign country or possession of the United States if the taxpayer chose to benefit by section 901 relating to foreign tax credit, and for taxes on real property to the extent that they are treated as imposed on another taxpayer, was struck out.
Pub. L. 88–272, § 207(a)Subsec. (c). , substituted provisions denying the deduction for taxes assessed against local benefits which increase property value, except for so much as is properly allocable to maintenance or interest charges, and for real property taxes to the extent they are treated as imposed on another taxpayer, for provisions relating to certain retail sales taxes and gasoline taxes, the extent to which they were deductible, and to definition of “state or local sales tax”.
Pub. L. 88–272, § 207(b)(1)Subsec. (f). , inserted “State” before “real property taxes”.
Pub. L. 88–272, § 207(b)(2)Subsec. (g). , designated existing provisions as par. (1), substituted “1451” for “1451(f)” and added par. (2).
Pub. L. 85–866, § 6(a)1958—Subsecs. (f), (g). , added subsec. (f) and redesignated former subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70120(c)139 Stat. 170
Effective Date of 2022 Amendment
Pub. L. 117–169, title I, § 13903(a)(2)136 Stat. 2014
Pub. L. 117–169, title I, § 13904(b)(2)136 Stat. 2015
Effective Date of 2017 Amendment
Pub. L. 115–97, title I, § 11042(b)131 Stat. 2086
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title I, § 106(b)129 Stat. 3046
Effective Date of 2014 Amendment
Pub. L. 113–295, div. A, title I, § 105(b)128 Stat. 4013
section 209(c) of Pub. L. 113–295Pub. L. 111–5, div. B, title Isection 209(k) of Pub. L. 113–295section 24 of this titleAmendment by effective as if included in the provisions of the American Recovery and Reinvestment Tax Act of 2009, , to which such amendment relates, see , set out as a note under .
Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by section 221(a)(12)(D), (26), (95)(B)(ii) of effective , subject to a savings provision, see , set out as a note under .
Effective Date of 2013 Amendment
Pub. L. 112–240, title II, § 205(b)126 Stat. 2323
Effective Date of 2010 Amendment
Pub. L. 111–312, title VII, § 722(b)124 Stat. 3316
Pub. L. 111–148, title IX, § 9015(c)124 Stat. 872
Effective Date of 2009 Amendment
Pub. L. 111–5section 1008(e) of Pub. L. 111–5section 56 of this titleAmendment by applicable to purchases on or after , in taxable years ending after such date, see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–343, div. C, title II, § 201(b)122 Stat. 3864
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title I, § 103(b)120 Stat. 2934
Effective Date of 2005 Amendment
Pub. L. 109–135Pub. L. 108–357section 403(nn) of Pub. L. 109–135section 26 of this titleAmendment by effective as if included in the provision of the American Jobs Creation Act of 2004, , to which such amendment relates, see , set out as a note under .
Effective Date of 2004 Amendment
Pub. L. 108–357, title V, § 501(b)118 Stat. 1521
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Pub. L. 100–418, title I, § 1941(c)102 Stat. 1324
Effective Date of 1986 Amendment
section 134 of Pub. L. 99–514section 151(a) of Pub. L. 99–514section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 99–514section 2611 of this titlesection 1433 of Pub. L. 99–514section 2601 of this titleAmendment by section 1432(a)(1), (2) of applicable to generation-skipping transfers (within the meaning of ) made after , except as otherwise provided, see , set out as an Effective Date note under .
Pub. L. 99–499section 516(c) of Pub. L. 99–499section 26 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–369section 475(b) of Pub. L. 98–369section 33 of this titleAmendment by not applicable with respect to obligations issued before , see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 98–21section 124(d)(2) of Pub. L. 98–21section 1401 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 97–473section 204(1) of Pub. L. 97–473section 7871 of this titleFor effective date of amendment by , see , set out as an Effective Date note under .
Effective Date of 1980 Amendment
Pub. L. 96–223section 101(i) of Pub. L. 96–223section 6161 of this titleAmendment by applicable to periods after , see , set out as an Effective Date note under .
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 111(c)92 Stat. 2777
Effective Date of 1976 Amendment
Pub. L. 94–455Pub. L. 94–455Amendment by applicable with respect to taxable years beginning after , see sections 1901(d) and 1951(d) of , set out as notes under sections 2 and 72 of this title, respectively.
Effective Date of 1972 Amendment
Pub. L. 92–580, § 4(b)86 Stat. 1277
Effective Date of 1964 Amendment
Pub. L. 88–272, title II, § 207(c)78 Stat. 43Pub. L. 99–514, § 2100 Stat. 2095
General rule .—
Special taxing districts .—
Effective Date of 1958 Amendment
Pub. L. 85–866, § 6(b)72 Stat. 1608
Savings Provision
Pub. L. 94–455, title XIX, § 1951(b)(3)(B)90 Stat. 1837