26 U.S.C. § 151
Allowance of deductions for personal exemptions
# (a) Allowance of deductions
In the case of an individual, the exemptions provided by this section shall be allowed as deductions in computing taxable income.
# (b) Taxpayer and spouse
An exemption of the exemption amount for the taxpayer; and an additional exemption of the exemption amount for the spouse of the taxpayer if a joint return is not made by the taxpayer and his spouse, and if the spouse, for the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not the dependent of another taxpayer.
# (c) Additional exemption for dependents
An exemption of the exemption amount for each individual who is a dependent (as defined in section 152) of the taxpayer for the taxable year.
# (d) Exemption amount
For purposes of this section— (1) In general Except as otherwise provided in this subsection, the term “exemption amount” means $2,000.
(2) Exemption amount disallowed in case of certain dependents In the case of an individual with respect to whom a deduction under this section is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, the exemption amount applicable to such individual for such individual’s taxable year shall be zero.
(3) Phaseout (A) In general In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the applicable amount in effect under section 68(b),1 the exemption amount shall be reduced by the applicable percentage. (B) Applicable percentage For purposes of subparagraph (A), the term “applicable percentage” means 2 percentage points for each $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds the applicable amount in effect under section 68(b).1 In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting “$1,250” for “$2,500”. In no event shall the applicable percentage exceed 100 percent. (C) Coordination with other provisions The provisions of this paragraph shall not apply for purposes of determining whether a deduction under this section with respect to any individual is allowable to another taxpayer for any taxable year.
(4) Inflation adjustment Except as provided in paragraph (5), in the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting “calendar year 1988” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(5) Special rules for taxable years beginning after 2017 In the case of a taxable year beginning after December 31, 2017 — (A) Exemption amount The term “exemption amount” means zero. (B) References For purposes of any other provision of this title, the reduction of the exemption amount to zero under subparagraph (A) shall not be taken into account in determining whether a deduction is allowed or allowable, or whether a taxpayer is entitled to a deduction, under this section. (C) Deduction for seniors (i) In general In the case of a taxable year beginning before January 1, 2029 , there shall be allowed a deduction in an amount equal to $6,000 for each qualified individual with respect to the taxpayer. (ii) Qualified individual For purposes of clause (i), the term “qualified individual” means— (I) the taxpayer, if the taxpayer has attained age 65 before the close of the taxable year, and (II) in the case of a joint return, the taxpayer’s spouse, if such spouse has attained age 65 before the close of the taxable year. (iii) Limitation based on modified adjusted gross income (I) In general In the case of any taxpayer for any taxable year, the $6,000 amount in clause (i) shall be reduced (but not below zero) by 6 percent of so much of the taxpayer’s modified adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). (II) Modified adjusted gross income For purposes of this clause, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (iv) Social security number required (I) In general Clause (i) shall not apply with respect to a qualified individual unless the taxpayer includes such qualified individual’s social security number on the return of tax for the taxable year. (II) Social security number For purposes of subclause (I), the term “social security number” has the meaning given such term in section 24(h)(7). (v) Married individuals If the taxpayer is a married individual (within the meaning of section 7703), this subparagraph shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
# (e) Identifying information required
No exemption shall be allowed under this section with respect to any individual unless the TIN of such individual is included on the return claiming the exemption.
Source: view the official text
Cited by 109
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- 26 CFR § 1.1451-2 — Exemptions from withholding under section 1451.
- 26 CFR § 1.151-1 — Deductions for personal exemptions.
- 26 CFR § 1.151-2 — Additional exemptions for dependents.
- 26 CFR § 1.151-3 — Definitions.
- 26 CFR § 1.151-4 — Amount of deduction for each exemption under section 151.
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- 26 CFR § 1.152-2 — Rules relating to general definition of dependent.
- 26 CFR § 1.153-1 — Determination of marital status.
- 26 CFR § 1.154 — Statutory provisions; cross references.
- 26 CFR § 1.163-2 — Installment purchases where interest charge is not separately stated.
- 26 CFR § 1.170A-2 — Amounts paid to maintain certain students as members of the taxpayer's household.
- 26 CFR § 1.172-3 — Net operating loss in case of a taxpayer other than a corporation.
- 26 CFR § 1.172-5 — Taxable income which is subtracted from net operating loss to determine carryback or carryover.
- 26 CFR § 1.2-1 — Tax in case of joint return of husband and wife or the return of a surviving spouse.
- 26 CFR § 1.2-2 — Definitions and special rules.
- 26 CFR § 1.21-1 — Expenses for household and dependent care services necessary for gainful employment.
- 26 CFR § 1.21-4 — Payments to certain related individuals.
- 26 CFR § 1.213-1 — Medical, dental, etc., expenses.
- 26 CFR § 1.221-1 — Deduction for interest paid on qualified education loans after December 31, 2001.
- 26 CFR § 1.221-2 — Deduction for interest due and paid on qualified education loans before January 1, 2002.
- 26 CFR § 1.25A-2 — Definitions.
- 26 CFR § 1.25A-5 — Special rules relating to characterization and timing of payments.
- 26 CFR § 1.36B-0 — Table of contents.
- 26 CFR § 1.36B-1 — Premium tax credit definitions.
- 26 CFR § 1.36B-2 — Eligibility for premium tax credit.
- 26 CFR § 1.36B-3 — Computing the premium assistance credit amount.
- 26 CFR § 1.36B-4 — Reconciling the premium tax credit with advance credit payments.
- 26 CFR § 1.4-1 — Number of exemptions.
- 26 CFR § 1.42A-1 — General tax credit for taxable years ending after December 31, 1975, and before January 1, 1979.
- 26 CFR § 1.443-1 — Returns for periods of less than 12 months.
- 26 CFR § 1.5000A-1 — Maintenance of minimum essential coverage and liability for the shared responsibility payment.
- 26 CFR § 1.5000A-3 — Exempt individuals.
- 26 CFR § 1.501(c)(9)-3 — Voluntary employees' beneficiary associations; life, sick, accident, or other benefits.
- 26 CFR § 1.6012-1 — Individuals required to make returns of income.
- 26 CFR § 1.642(b)-1 — Deduction for personal exemption.
- 26 CFR § 1.6654-2 — Exceptions to imposition of the addition to the tax in the case of individuals.
- 26 CFR § 1.6654-3 — Short taxable years of individuals.
- 26 CFR § 1.668(b)-2A — Special rules applicable to section 668.
- 26 CFR § 1.67-1T — 2-percent floor on miscellaneous itemized deductions (temporary).
- 26 CFR § 1.703-1 — Partnership computations.
- 26 CFR § 1.72-17 — Special rules applicable to owner-employees.
- 26 CFR § 1.72-18 — Treatment of certain total distributions with respect to self-employed individuals.
- 26 CFR § 1.7703-1 — Determination of marital status.
- 26 CFR § 1.861-8 — Computation of taxable income from sources within the United States and from other sources and activities.
- 26 CFR § 1.871-13 — Taxation of individuals for taxable year of change of U.S. citizenship or residence.
- 26 CFR § 1.873-1 — Deductions allowed nonresident alien individuals.
- 26 CFR § 1.874-1 — Allowance of deductions and credits to nonresident alien individuals.
- 26 CFR § 1.891 — Statutory provisions; doubling of rates of tax on citizens and corporations of certain foreign countries.
- 26 CFR § 1.901-3 — Reduction in amount of foreign taxes on foreign mineral income allowed as a credit.
- 26 CFR § 1.904-1 — Limitation on credit for foreign income taxes.
- 26 CFR § 1.931-1 — Exclusion of certain income from sources within Guam, American Samoa, or the Northern Mariana Islands.
- 26 CFR § 1.933-1 — Exclusion of certain income from sources within Puerto Rico.
- 26 CFR § 301.6109-3 — IRS adoption taxpayer identification numbers.
- 26 CFR § 301.6334-3 — Determination of exempt amount.
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