Title 26 — Internal Revenue CodeRelease 119-73
§64 Ordinary Income Defined
Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter B— Computation of Taxable Income › Part I— DEFINITION OF GROSS INCOME, ADJUSTED GROSS INCOME, TAXABLE INCOME, ETC. › § 64
Summary
"Ordinary income" includes any gain from selling or exchanging property that is not a capital asset and not certain business property. If another tax rule says a gain counts as ordinary income, it is treated the same way.
Full Legal Text
Title 26, §64
Internal Revenue Code — Source: USLM XML via OLRC
For purposes of this subtitle, the term “ordinary income” includes any gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231(b). Any gain from the sale or exchange of property which is treated or considered, under other provisions of this subtitle, as “ordinary income” shall be treated as gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231(b).
Reference
Citations & Metadata
Citation
26 U.S.C. § 64
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73