U.S Code last checked for updates: Dec 11, 2024
§ 74.
Prizes and awards
(a)
General rule
(b)
Gross income does not include amounts received as prizes and awards made primarily in recognition of religious, charitable, scientific, educational, artistic, literary, or civic achievement, but only if—
(1)
the recipient was selected without any action on his part to enter the contest or proceeding;
(2)
the recipient is not required to render substantial future services as a condition to receiving the prize or award; and
(3)
the prize or award is transferred by the payor to a governmental unit or organization described in paragraph (1) or (2) of section 170(c) pursuant to a designation made by the recipient.
(c)
Exception for certain employee achievement awards
(1)
In general
(2)
Excess deduction award
If the cost to the employer of the employee achievement award received by the taxpayer exceeds the amount allowable as a deduction to the employer, then gross income includes the greater of—
(A)
an amount equal to the portion of the cost to the employer of the award that is not allowable as a deduction to the employer (but not in excess of the value of the award), or
(B)
the amount by which the value of the award exceeds the amount allowable as a deduction to the employer.
The remaining portion of the value of such award shall not be included in the gross income of the recipient.
(3)
Treatment of tax-exempt employers
(4)
Cross reference
(d)
Exception for Olympic and Paralympic medals and prizes
(1)
In general
(2)
Limitation based on adjusted gross income
(A)
In general
(B)
Coordination with other limitations
(Aug. 16, 1954, ch. 736, 68A Stat. 24; Pub. L. 99–514, title I, §§ 122(a)(1), 123(b)(1), Oct. 22, 1986, 100 Stat. 2109, 2113; Pub. L. 114–239, § 2(a), Oct. 7, 2016, 130 Stat. 973; Pub. L. 115–97, title I, § 13305(b)(1), Dec. 22, 2017, 131 Stat. 2126; Pub. L. 116–260, div. EE, title I, § 104(b)(2)(B), Dec. 27, 2020, 134 Stat. 3041; Pub. L. 117–2, title IX, § 9042(b)(1), Mar. 11, 2021, 135 Stat. 122.)
cite as: 26 USC 74