Taxes4 min read · Updated: 5 November 2026

How did income tax become permanent in the USA: the 16th Amendment of 1913 and the 20th century

The USA introduced income tax twice and lost it twice. For the third attempt to succeed, the Constitution itself had to be changed. The events of 1913 and how, in the 20th century, income tax became a tax paid by most people.

In England, income tax appeared in 1799 to pay for a war. Across the ocean things went differently: in the USA, the fate of this tax was decided in the courtroom and in the Constitution.

Key points

  1. The first attempt: wartime. According to the training materials of the U.S. tax service (IRS), during the Civil War, in 1862, income tax was set at 3% on annual income from 600 dollars to 10 000 dollars and 5% on income above 10 000 dollars. In the same year the office of Commissioner of Internal Revenue was created. After the war, in 1872, income tax was abolished.
  2. The second attempt: struck down in court. In 1894 income tax was introduced again, but in 1895 the Supreme Court held it unconstitutional in the case "Pollock v. Farmers' Loan and Trust Co.". The reason: under the Constitution, a "direct tax" had to be apportioned among the states according to population, and income tax was not apportioned in this way.
  3. The solution: an amendment to the Constitution. According to the U.S. National Archives, Congress passed the 16th Amendment in 1909, and it was ratified on 3 February 1913. The amendment gave Congress the right to collect income tax without apportioning it among the states according to population.
  4. An interesting detail. The National Archives writes that the conservatives who put forward the idea of the amendment hoped that three-quarters of the states would never approve it. The calculation turned out to be wrong.
  5. The first rates of 1913. The law passed that year set a 1% tax on income above 3 000 dollars and a surtax on high incomes; its top rate was 6% on income above 500 000 dollars (National Archives, Encyclopedia.com). In other words, at first the tax fell only on people with high incomes.
  6. Withholding from wages. According to documents of the U.S. Senate Committee on Finance, the "Current Tax Payment Act" was signed on 9 June 1943, and from 1 July 1943 employers began withholding tax from employees' wages and transferring it to the budget. This is the practical embodiment of today's concept of a "tax agent".
  7. Around the world. Britannica writes that income tax was tried in the German states from the 1840s, but it became an effective fiscal instrument only after Prussia's 1891 reform; Sweden introduced a permanent modern income tax in 1910. In France, progressive income tax was adopted in July 1914 (history page of the French National Assembly).
  8. From a "tax on the rich" to a mass tax. Britannica notes that the Second World War turned income tax in many countries from a tax on the upper classes into a tax paid by the whole population.

Example: how "light" was the 1913 rate?

Taking only the 1% basic rate, let us do a simplified calculation (the surtax brackets are not taken into account; compiled by the author):

Annual incomeTaxable part1% tax
2 500 dollars0 (less than 3 000 dollars)0
10 000 dollars7 000 dollars70 dollars
20 000 dollars17 000 dollars170 dollars

The benefit of the withholding idea can be seen in a present-day example (hypothetical figures). Suppose the annual tax for Kamola, a designer from Tashkent, is 6 000 000 soum. Paying this amount in one go at the end of the year would be a heavy blow to the family budget. The employer, however, withholds about 500 000 soum every month and transfers it to the budget: the employee does not "see" the money and no debt builds up, while the state receives revenue evenly throughout the year. This is exactly the problem the 1943 law solved.

See also

Sources

  1. U.S. National Archives: 16th Amendment to the U.S. Constitution: Federal Income Tax (1913) · passed by Congress in 1909 and ratified on 3 February 1913; conservatives hoped that three-quarters of the states would not approve it
  2. Encyclopedia.com: Federal Income Tax of 1913 · the 1913 law: 1% on income above 3 000 dollars, a surtax of up to 6% on income above 500 000 dollars
  3. Constitution Annotated (Cornell LII edition): Overview of Sixteenth Amendment, Income Tax · the amendment freed income tax from the requirement of apportionment among the states according to population
  4. IRS, Understanding Taxes: Timeline of Events 1861–1913 · the first federal income tax law in 1862, the end of the wartime tax in 1872, the 1895 court decision
  5. American Battlefield Trust: The First Income Tax · the 1862 rates (3% on 600–10 000 dollars, 5% above that), the office of Commissioner of Internal Revenue
  6. Supreme Court Historical Society: Pollock v. Farmers' Loan and Trust Co. (1895) · the 1894 income tax held unconstitutional by the Supreme Court
  7. U.S. Senate Committee on Finance: Legislative History of the Current Tax Payment Act of 1943 · Current Tax Payment Act (9 June 1943, 57 Stat. 126): withholding of tax at source from wages, from 1 July 1943
  8. Encyclopaedia Britannica: Income tax · trials in the German states from the 1840s, Prussia's 1891 reform; Sweden 1910
  9. Encyclopaedia Britannica: Taxation — History of taxation · the Second World War turned income tax in many countries from a "tax on the rich" into a mass tax
  10. Assemblée nationale (France): Institution de l'impôt sur le revenu · progressive income tax adopted in France in July 1914
  11. Example and calculation · compiled by the author, hypothetical figures

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