Statutory Reference Hub

This statutory hub compiles essential definitions from the United States Code and historical Federal Statutes at Large (combined, Federal Laws), US Treasury Regulations and US Supreme Court cases that are directly relevant to our legal argument and are mentioned in our videos, brochures, articles or essays.

To ensure transparency and facilitate easy verification, each law that shows the definition of a term such as "United States," "State," and "Trade or Business" is accompanied by a direct link to the most official source, a scannable QR code, and a corresponding video that explains the specific legal context of these definitions.

General Definitions for IRC

Unless otherwise defined

Resident Alien

26 U.S.C. § 7701(b)(1)(A)

"For purposes of this title [Title 26, the Internal Revenue Code (IRC)]... (A) An alien individual shall be treated as a resident of the United States with respect to any calendar year if (and only if) such individual meets the requirements of clause (i), (ii), or (iii):

(i) Lawfully admitted for permanent residence

Such individual is a lawful permanent resident of the United States at any time during such calendar year.

(ii) Substantial presence test

Such individual meets the substantial presence test of paragraph (3).

(iii) First year election

Such individual makes the election provided in paragraph (4)."

United States person

26 U.S.C. § 7701(a)(30)

"For purposes of this title [Title 26, the Internal Revenue Code (IRC)]... (30) The term 'United States person' means-

(A) a citizen or resident of the United States,

(B) a domestic partnership,

(C) a domestic corporation,

(D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and

(E) any trust if-

(i) a court within the United States is able to exercise primary supervision over the administration of the trust, and

(ii) one or more United States persons have the authority to control all substantial decisions of the trust."

Contrasting Definitions not applying to the income tax

State

26 U.S.C. § 6103(b)(5)

"For purposes of this section-[Part IV - Domestic International Sale Corporations]... (b)(5)(A) In general

The term 'State' means-

(i) any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,

(ii) for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any municipality-

(I) with a population in excess of 250,000 (as determined under the most recent decennial United States census data available),

(II) which imposes a tax on income or wages, and

(III) with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure, and

(iii) for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any governmental entity-

(I) which is formed and operated by a qualified group of municipalities, and

(II) with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure."

State

D.C. Code §47-1801.04(45)

"For the purposes of this chapter [Chapter 18 - Income and Franchise Taxes]... (45) 'State' means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory, or possession of the United States and any foreign country or political subdivision thereof.

Trade or Business

D.C. Code §47-1801.04(53)

"For the purposes of this chapter [Chapter 18 - Income and Franchise Taxes]... (53) 'Trade or business' means the engaging in or carrying on of any trade, business, profession, vocation, or calling, or commercial activity in the District of Columbia, including activities in the District that benefit a related entity of the taxpayer, the performance of functions of a public office, and the leasing of real or personal property in the District of Columbia by any person whether or not the property is leased directly by the person or through an agent, officer, or a representative, and whether or not the person, agent, officer, or representative performs any services in connection with the property."

United States

26 U.S.C. §4612(a)(4)

"For purposes of this subchapter [Chapter 38 - Environmental Taxes]... (a)(4)

(A) In general

The term 'United States' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(B) United States includes continental shelf areas

The principles of section 638 shall apply for purposes of the term 'United States'.

(C) United States includes foreign trade zones

The term 'United States' includes any foreign trade zone of the United States."

Imposition of Employment Taxes, Internal Revenue Code (IRC)

Employment

26 U.S.C. § 3121(b)

"For purposes of this chapter, [Chapter 21 - Federal Insurance Contributions Act (FICA)]... (b) the term 'employment' means any service, of whatever nature, performed (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee for an American employer (as defined in subsection (h)), or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under section 233 of the Social Security Act"

Net earnings from self-employment

26 U.S.C. § 1402(a)

[Chapter 2 - Tax on Self-Employment Income]

"The term 'net earnings from self-employment' means the gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowed by this subtitle which are attributable to such trade or business, plus his distributive share (whether or not distributed) of income or loss described in section 702(a)(8) from any trade or business carried on by a partnership of which he is a member; except that in computing such gross income and deductions and such distributive share of partnership ordinary income or loss-"

Rate of Tax

26 U.S.C. § 3101(a)(b)

[Chapter 21 - Federal Insurance Contributions Act (FICA)]

"(a) Old-age, survivors, and disability insurance

In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to 6.2 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)).

(b) Hospital insurance

(1) In general

In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to 1.45 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)).

(2) Additional tax

In addition to the tax imposed by paragraph (1) and the preceding subsection, there is hereby imposed on every taxpayer (other than a corporation, estate, or trust) a tax equal to 0.9 percent of wages which are received with respect to employment (as defined in section 3121(b)) during any taxable year beginning after December 31, 2012, and which are in excess of-

(A) in the case of a joint return, $250,000,
(B) in the case of a married taxpayer (as defined in section 7703) filing a separate return, ½ of the dollar amount determined under subparagraph (A), and
(C) in any other case, $200,000.

(c) Relief from taxes in cases covered by certain international agreements

During any period in which there is in effect an agreement entered into pursuant to section 233 of the Social Security Act with any foreign country, wages received by or paid to an individual shall be exempt from the taxes imposed by this section to the extent that such wages are subject under such agreement exclusively to the laws applicable to the social security system of such foreign country."

Self-employment income

[Chapter 2 - Tax on Self-Employment Income]

"The term 'self-employment income' means the net earnings from self-employment derived by an individual (other than a nonresident alien individual, except as provided by an agreement under section 233 of the Social Security Act) during any taxable year; except that such term shall not include-"

US Supreme Court cases

Meese v. Keene

481 U.S. 465, 484-485 (1987)
"It is axiomatic that the statutory definition of the term excludes unstated meanings of that term.", "As judges it is our duty to construe legislation as it is written, not as it might be read by a layman, or as it might be understood by someone who has not even read it."

Historical "United States" and "State" Definitions

1913

"That the word 'State' or 'United States' when used in this section shall be construed to include any Territory, Alaska, the District of Columbia, Porto Rico, and the Philippine Islands, when such construction is necessary to carry out its provisions."

1916

"That the word 'State' or 'United States' when used in this title shall be construed to include any Territory, the District of States construed. Columbia, Porto Rico, and the Philippine Islands, when such construction is necessary to carry out its provisions."

1919

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia"

1921

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia"

1924

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1926

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1932

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1934

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1936

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1938

"The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia."

1939

"UNITED STATES - The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia.

STATE —The word 'State' shall be construed to include the Territories and the District of Columbia, where such construction is necessary to carry out provisions of this title."

1954

"UNITED STATE - The term 'United States' when used in a geographical sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia.

STATE - The term 'State' shall be construed to include the Territories and the District of Columbia, where such construction is necessary to carry out provisions of this title."

Present Day

"United States - The term 'United States' when used in a geographical sense includes only the States and the District of Columbia."

"State - The term 'State' shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title."

Power to lay Taxes

U.S. Const. art. I, § 8, cl. 1
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

Direct Taxes must be divided among the states

U.S. Const. art. I, § 2, cl. 3
"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."...

Make any laws for Washington D.C. and Territories

U.S. Const. art. IV, § 3, cl. 2
"The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."

Exclusive Federal Jurisdiction over Washington D.C.

U.S. Const. art. I, § 8, cl. 17
"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;"
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