26Title 26The US tax code, read & explained

26 U.S.C. § 61

§ 61. Gross income defined

139 words · amended 2 times · cited by 11 other sections

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Explainer

What counts as income

Income is “all income from whatever source derived” — wages, side gigs, tips, barter, crypto, prizes — unless another section specifically excludes it.

In plain English

Section 61 is short, about 140 words, and it may matter more than any other section. It defines gross income as all income from whatever source derived, then lists 14 examples: wages, business income, gains from selling property, interest, rent, royalties, dividends, pensions and more.

The list is only examples. The starting point is that everything counts, and money is left out only where another section says so. Examples are gifts and inheritances (§ 102), part of the gain on selling your home (§ 121), and some employer health benefits (§ 106).

Who it touches

Everyone. It matters most for people whose income doesn't arrive as a paycheck: freelancers, gig workers, creators, people paid in goods, services or crypto, and newcomers who still have income abroad.

Worked example

Jonas is a photographer. In 2026 he receives:

  • $18,000 from clients through bank transfer: income
  • $2,500 in a cryptocurrency, worth that much the day he received it: income, at its dollar value that day
  • A $1,200 laptop from a client instead of cash: income (barter counts at fair market value)
  • $3,000 his aunt gave him as a birthday gift: not income to him, because § 102 excludes gifts

His gross income from these is $21,700. Whether a 1099 form was ever sent doesn't change any of it.

Watch out for

  • A missing 1099 or W-2 doesn't make money tax-free. The forms are reporting tools. They don't decide what counts as income.
  • US citizens and residents are taxed on worldwide income, so foreign salary, rent or interest counts too. There are separate relief rules, such as the foreign earned income exclusion (§ 911) and foreign tax credits (§ 901).

Draft explainer. Figures checked against IRS Rev. Proc. 2025-32 and the current text on November 4, 2026. Not yet reviewed by a licensed tax professional.

Sources

The law as written

Current through Public Law 119-102. Amendment notes omitted.

(a) General definition

Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items:

(1)

Compensation for services, including fees, commissions, fringe benefits, and similar items;

(2)

Gross income derived from business;

(3)

Gains derived from dealings in property;

(4)

Interest;

(5)

Rents;

(6)

Royalties;

(7)

Dividends;

(8)

Annuities;

(9)

Income from life insurance and endowment contracts;

(10)

Pensions;

(11)

Income from discharge of indebtedness;

(12)

Distributive share of partnership gross income;

(13)

Income in respect of a decedent; and

(14)

Income from an interest in an estate or trust.

(b) Cross references

For items specifically included in gross income, see part II (sec. 71 and following). For items specifically excluded from gross income, see part III (sec. 101 and following).