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  1. #1
    Join Date
    Apr 2010
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    North Carolina
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    4

    Default Tax Code Exempting SSI from Gross Income

    I know that SSI is exempt from gross income under IRS regulations.

    What I am wondering is where in the US Code does it say that it is exempt?
    I have searched both Title 26 (IRS Code) and Title 42 (Public Health & Welfare) to no avail.

    If anyone knows, I would appreciate the answer.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Tax Code Exempting SSI from Gross Income

    Gross income is defined in 26 USC Sec. 61.

  3. #3
    Join Date
    May 2010
    Posts
    1

    Default Re: Tax Code Exempting SSI from Gross Income

    26 USC § 86(a)(1):

    Except as provided in paragraph (2), gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of—
    (A)
    one-half of the social security benefits received during the taxable year, or
    (B)
    one-half of the excess described in subsection (b)(1).

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Tax Code Exempting SSI from Gross Income

    Quote Quoting Vinny
    View Post
    26 USC § 86(a)(1):

    Except as provided in paragraph (2), gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of—
    (A)
    one-half of the social security benefits received during the taxable year, or
    (B)
    one-half of the excess described in subsection (b)(1).
    SSI isn't social security benefits. Its supplemental security income. Its a form of welfare.

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