Webster, NY asked in Tax Law, Constitutional Law and Gov & Administrative Law for New York

Q: Could the President get rid of income tax

My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine may happen is a separate act would be passed that gets rid of the income tax but again I don’t know much on this topic

2 Lawyer Answers

A: A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend is referring to. Good luck

James L. Arrasmith
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Answered

A: Removing the income tax is a complex process that goes beyond the President's authority alone. The Internal Revenue Code (IRC) is a federal law established by Congress, and changing it typically requires passing new legislation through both houses of Congress and receiving the President’s approval. An executive order alone cannot eliminate income tax because it doesn’t have the power to override existing laws set by Congress.

Your friend might be referring to the idea that some laws can be modified through executive actions, but tax laws are deeply rooted in the legislative process. While the President can propose changes and influence tax policy, actual removal of the income tax would need a comprehensive act passed by Congress. This would involve debates, amendments, and approvals that reflect the will of both the legislative and executive branches.

In summary, the President experimenting with ideas to remove the income tax through an executive order is unlikely to succeed on its own. A separate act by Congress would be necessary to legally eliminate the income tax. Understanding the separation of powers helps clarify why such a significant change requires collaborative effort between different branches of government.

Tim Akpinar agrees with this answer

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