What Are Exclusions From Gross Income? Examples and Rules
Learn which types of income are excluded from gross income, how they apply, and the rules that govern these exemptions for tax purposes.
Learn which types of income are excluded from gross income, how they apply, and the rules that govern these exemptions for tax purposes.
Certain types of income are not subject to federal taxation, reducing a taxpayer’s overall taxable earnings. These exclusions are outlined in the Internal Revenue Code and serve policy objectives such as encouraging education, supporting beneficiaries, or promoting investment in government projects.
Wealth transfers through gifts and inheritances are excluded from gross income under Section 102(a) of the Internal Revenue Code. This distinction ensures recipients are not taxed on assets received gratuitously, unlike earned income or capital gains. However, donors or estates may be subject to gift or estate taxes, depending on the transfer’s value.
A gift, as defined by the IRS, is any transfer where full consideration is not received in return. In 2024, the annual gift tax exclusion is $18,000 per recipient, allowing a donor to give up to this amount without triggering tax reporting. Gifts exceeding this threshold must be reported on Form 709, though immediate tax liability is often avoided due to the $13.61 million lifetime estate and gift tax exemption.
Inheritances are not subject to federal income tax regardless of amount. However, certain inherited assets, such as traditional IRAs or 401(k)s, may be taxable upon distribution. While federal estate tax applies only to estates exceeding the exemption threshold, some states impose their own estate or inheritance taxes with lower exemptions, requiring careful planning.
Life insurance proceeds are excluded from gross income under Section 101(a) of the Internal Revenue Code when paid as a lump sum to a named beneficiary. This ensures families receive the full financial support intended by the policyholder.
If a beneficiary receives proceeds in installments, any interest earned on deferred amounts is taxable. For example, a $500,000 policy paid over ten years with 3% annual interest results in $15,000 of taxable interest per year. Additionally, if a policyholder sells their life insurance policy through a life settlement, gains exceeding total premiums paid are taxable as either ordinary income or capital gains.
Employer-provided group-term life insurance has tax implications. Under Section 79 of the Internal Revenue Code, the first $50,000 of coverage is tax-free, but coverage beyond this amount results in imputed income. For example, if an employer provides $200,000 in coverage, the taxable portion is based on the cost of the excess $150,000, which must be reported as part of the employee’s W-2 wages.
Interest from municipal bonds is exempt from federal income tax under Section 103 of the Internal Revenue Code, making them attractive to investors seeking tax-efficient income. Issued by state and local governments for infrastructure projects, these bonds provide a cost-effective borrowing mechanism while offering investors a tax advantage.
Many states also exclude interest from municipal bonds issued within their jurisdiction from state income taxes. For instance, a California resident holding California-issued municipal bonds benefits from both federal and state tax exemptions. However, interest from out-of-state bonds may be subject to state taxes.
Municipal bonds are not entirely tax-free. If purchased at a discount in the secondary market, they may be subject to the de minimis tax rule, treating small discounts as capital gains rather than tax-exempt interest. Additionally, municipal bond interest is included in modified adjusted gross income (MAGI) for determining exposure to the Net Investment Income Tax (NIIT) and Social Security benefit taxation. Private activity bonds, issued for projects like sports stadiums or private hospitals, may be subject to the alternative minimum tax (AMT) under Section 57 of the Internal Revenue Code.
Employers offer fringe benefits to attract and retain talent while providing tax-advantaged compensation. Section 132 of the Internal Revenue Code outlines several tax-free benefits, including qualified employee discounts, de minimis benefits, and working condition fringe benefits.
Employer-provided transportation benefits illustrate how these exclusions work. Under Section 132(f), employees can exclude up to $315 per month in 2024 for qualified transit passes, vanpooling, and parking. These exclusions reduce taxable wages, lowering both income and payroll taxes. Reimbursements for bicycle commuting expenses, previously tax-free, are currently taxable under the Tax Cuts and Jobs Act of 2017 until at least 2026.
Health and dependent care benefits offer additional tax savings. Employer-paid health insurance premiums are excluded from gross income under Section 106. Flexible Spending Arrangements (FSAs) and Dependent Care Assistance Programs (DCAPs) allow employees to set aside pre-tax dollars for medical and childcare expenses, with 2024 limits of $3,200 for health FSAs and $5,000 for dependent care FSAs.
Higher education costs can be offset through tax-free scholarships. Under Section 117 of the Internal Revenue Code, scholarships used for tuition, fees, books, and required supplies are excluded from gross income.
Scholarships covering tuition and academic expenses remain tax-free, but amounts allocated to room, board, or travel are taxable. For example, if a student receives a $20,000 scholarship, with $15,000 applied to tuition and $5,000 to housing, only the latter portion is taxable. Additionally, scholarships requiring students to perform services, such as teaching or research assistantships, are considered compensation and fully taxable under Section 61.
Athletic and merit-based scholarships follow the same rules. Some universities structure scholarships to maximize tax benefits by directing funds toward qualified expenses first. Students receiving multiple forms of aid should track how each award is applied to avoid unexpected tax liabilities. Coordination with tax credits like the American Opportunity Tax Credit (AOTC) or Lifetime Learning Credit (LLC) is essential, as the same expenses cannot be used for both tax-free scholarships and education credits.
While most retirement account withdrawals are taxable, certain distributions qualify for exclusions. These depend on the type of account and specific provisions allowing for penalty-free or tax-free withdrawals.
Qualified Roth IRA distributions are a primary example of tax-free retirement income. Under Section 408A, withdrawals are excluded from gross income if the account has been open for at least five years and the account holder is either 59½ or meets an exception, such as a first-time home purchase (up to $10,000). Since Roth IRAs are funded with after-tax dollars, qualified distributions, including earnings, remain tax-free. Roth 401(k) accounts follow similar rules but may require a rollover to a Roth IRA to avoid mandatory minimum distributions (RMDs).
Certain traditional retirement account distributions also qualify for tax exclusions. Under Section 402(l), retired public safety officers can exclude up to $3,000 annually if the funds are used for health insurance premiums. Qualified disaster distributions, authorized by specific legislation, allow penalty-free withdrawals from retirement accounts in federally declared disaster areas, though income tax may still apply. Non-taxable rollovers, where funds are transferred between qualified retirement accounts within 60 days, also preserve tax-deferred status.