Title 26, Internal Revenue CodeRelease 119-110

§74 Prizes and Awards

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter B — Computation of Taxable Income › PART II — ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME › § 74

Last updated Sep 22, 2026|Official source

Summary

Prizes and awards usually count as income and must be reported for tax purposes unless the law gives an exception. Awards given mainly for religious, charitable, scientific, educational, artistic, literary, or civic achievement are tax-free only if the winner was chosen without entering, does not have to do significant future work to get it, and the payer sends the prize to a government unit or a qualifying charity under section 170(c)(1) or (2) at the winner’s direction. Employee achievement awards (defined in section 274(j)) are tax-free if the employer’s cost does not exceed the amount the employer can deduct. If the employer’s cost is higher, the recipient must include in income the larger of (a) the non‑deductible part of the employer’s cost (but not more than the award’s value) or (b) the amount the award’s value exceeds the deductible amount; the rest remains tax-free. For tax‑exempt employers, use the deductible amount they would have had if taxable. See section 132(e) for small fringe benefits. Medals and prize money from the U.S. Olympic or Paralympic Committee for Olympic or Paralympic competition are not taxable unless the taxpayer’s adjusted gross income (without this exclusion) is over $1,000,000 ($500,000 if married filing separately). For certain other tax limits, adjusted gross income is figured after applying the Olympic exclusion but before checking the $1,000,000 cap.

Full Legal Text

Title 26, §74

Internal Revenue Code, Source: USLM XML via OLRC

(a)General rule
Except as otherwise provided in this section or in section 117 (relating to qualified scholarships), gross income includes amounts received as prizes and awards.
(b)Exception for certain prizes and awards transferred to charities
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
Gross income shall not include the value of an employee achievement award (as defined in section 274(j)) received by the taxpayer if the cost to the employer of the employee achievement award does not exceed the amount allowable as a deduction to the employer for the cost of the employee achievement award.
(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)
(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
In the case of an employer exempt from taxation under this subtitle, any reference in this subsection to the amount allowable as a deduction to the employer shall be treated as a reference to the amount which would be allowable as a deduction to the employer if the employer were not exempt from taxation under this subtitle.
(4)Cross reference
For provisions excluding certain de minimis fringes from gross income, see section 132(e).
(d)Exception for Olympic and Paralympic medals and prizes
(1)In general
Gross income shall not include the value of any medal awarded in, or any prize money received from the United States Olympic Committee on account of, competition in the Olympic Games or Paralympic Games.
(2)Limitation based on adjusted gross income
(A)In general
Paragraph (1) shall not apply to any taxpayer for any taxable year if the adjusted gross income (determined without regard to this subsection) of such taxpayer for such taxable year exceeds $1,000,000 (half of such amount in the case of a married individual filing a separate return).
(B)Coordination with other limitations
For purposes of section 85(c), 86, 135, 137, 219, 221, and 469, adjusted gross income shall be determined after the application of paragraph (1) and before the application of subparagraph (A).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (d)(2)(B). Pub. L. 117–2 inserted “85(c),” before “86”. 2020—Subsec. (d)(2)(B). Pub. L. 116–260 struck out “222,” after “221,”. 2017—Subsec. (d)(2)(B). Pub. L. 115–97 struck out “199,” after “137,”. 2016—Subsec. (d). Pub. L. 114–239 added subsec. (d). 1986—Subsec. (a). Pub. L. 99–514, § 123(b)(1), which directed that subsec. (a) be amended by substituting “(relating to qualified scholarships)” for “(relating to scholarship and fellowship grants)”, was executed by making the substitution for “(relating to scholarships and fellowship grants)” to reflect the probable intent of Congress. Pub. L. 99–514, § 122(a)(1)(A), substituted “Except as otherwise provided in this section or” for “Except as provided in subsection (b) and”. Subsec. (b). Pub. L. 99–514, § 122(a)(1)(B), (C), inserted “for certain prizes and awards transferred to charities” in heading and added par. (3). Subsec. (c). Pub. L. 99–514, § 122(a)(1)(D), added subsec. (c).

Statutory Notes and Related Subsidiaries

Change of Name

References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.

Effective Date

of 2021 Amendment Pub. L. 117–2, title IX, § 9042(c), Mar. 11, 2021, 135 Stat. 122, provided that: “The

Amendments

made by this section [amending this section and section 85, 86, 135, 137, 219, 221, 222, and 469 of this title] shall apply to taxable years beginning after December 31, 2019.”

Effective Date

of 2020 AmendmentAmendment by Pub. L. 116–260 applicable to taxable years beginning after Dec. 31, 2020, see section 104(c) of div. EE of Pub. L. 116–260, set out as a note under section 25A of this title.

Effective Date

of 2017 Amendment Pub. L. 115–97, title I, § 13305(c), Dec. 22, 2017, 131 Stat. 2126, as amended by Pub. L. 115–141, div. T, § 101(c), Mar. 23, 2018, 132 Stat. 1156, provided that: “(1) In general.—Except as provided in paragraph (2), the

Amendments

made by this section [amending this section and section 86, 135, 137, 170, 172, 219, 221, 222, 246, 469, 613, and 613A of this title and repealing section 199 of this title] shall apply to taxable years beginning after December 31, 2017. “(2) Transition rule for qualified payments of patrons of cooperatives.—“(A) In general.—The

Amendments

made by this section shall not apply to a qualified payment received by a taxpayer from a specified agricultural or horticultural cooperative in a taxable year of the taxpayer beginning after December 31, 2017, which is attributable to qualified production activities income with respect to which a deduction is allowable to the cooperative under section 199 of the Internal Revenue Code of 1986 (as in effect before the

Amendments

made by this section) for a taxable year of the cooperative beginning before January 1, 2018. Any term used in this subparagraph which is also used in section 199 of such Code (as so in effect) shall have the same meaning as when used in such section. “(B) Coordination with section 199a.—No deduction shall be allowed under section 199A of such Code for any qualified payment to which subparagraph (A) applies.” [Amendment by Pub. L. 115–141 to section 13305(c) of Pub. L. 115–97, set out above, effective as if included in section 13305 of Pub. L. 115–97, see section 101(d) of Pub. L. 115–141, set out as a note under section 62 of this title.]

Effective Date

of 2016 Amendment Pub. L. 114–239, § 2(b), Oct. 7, 2016, 130 Stat. 973, provided that: “The amendment made by this section [amending this section] shall apply to prizes and awards received after December 31, 2015.”

Effective Date

of 1986 AmendmentAmendment by section 122(a)(1) of Pub. L. 99–514 applicable to prizes and awards granted after Dec. 31, 1986, see section 151(c) of Pub. L. 99–514, set out as a note under section 1 of this title. Amendment by section 123(b)(1) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, but only in the case of scholarships and fellowships granted after Aug. 16, 1986, see section 151(d) of Pub. L. 99–514, set out as a note under section 1 of this title. Applicability of Certain

Amendments

by Public Law 99–514 in Relation to Treaty Obligations of United StatesFor nonapplication of amendment by section 123(b)(1) of Pub. L. 99–514 to the extent application of such amendment would be contrary to any treaty obligation of the United States in effect on Oct. 22, 1986, see section 1012(aa)(3) of Pub. L. 100–647, set out as a note under section 861 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 74

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110