---
kind: "section"
citation: "26 U.S.C. § 3502"
title: "26"
title_heading: "Internal Revenue Code"
number: "3502"
heading: "Nondeductibility of taxes in computing taxable income"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/3502"
units:
  - "Subtitle C — Employment Taxes"
  - "Chapter 25 — General Provisions Relating to Employment Taxes"
---

# §3502. Nondeductibility of taxes in computing taxable income

- (a) The taxes imposed by [section 3101](/usc/26/3101.md) of [chapter 21](/usc/26/chstC/ch21.md), and by sections [3201](/usc/26/3201.md) and [3211](/usc/26/3211.md) of [chapter 22](/usc/26/chstC/ch22.md) shall not be allowed as a deduction to the taxpayer in computing taxable income under subtitle A.
- (b) The tax deducted and withheld under [chapter 24](/usc/26/chstC/ch24.md) shall not be allowed as a deduction either to the [employer](/usc/26/3231.md?p=a) or to the recipient of the income in computing taxable income under subtitle A.

## Source credit

(Aug. 16, 1954, ch. 736, 68A Stat. 471; Pub. L. 97–248, title III, §§ 305(b), 308(a), Sept. 3, 1982, 96 Stat. 588, 591; Pub. L. 98–67, title I, § 102(a), Aug. 5, 1983, 97 Stat. 369.)

## Notes

### Editorial Notes

### Amendments

1983—Subsecs. (b), (c). Pub. L. 98–67 repealed amendments made by Pub. L. 97–248. See 1982 Amendment note below.

1982—Subsecs. (b), (c). Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (b) is amended and a new subsec. (c) is added. Section 102(a), (b) of Pub. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of Pub. L. 97–248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.