Multiple Definitions of the United States in Federal Law

In tax laws and other federal laws, the term United States can have different meanings depending on the specific legal section. A common assumption is that the term includes all 50 States, but this isn't always the case. To understand the correct application of a law, you must refer to the definitions provided within that specific law or chapter, as they can change.

Examples of Varying Definitions

  • Internal Revenue Code, Section 7701: The terms state and United States are defined to apply only to the District of Columbia, not the 50 States.
  • Internal Revenue Code, Section 4612 (Tax on Petroleum): For this tax on oil, the definition of United States is very specific and includes all 50 States, the District of Columbia, US territories, and even continental shelf areas and foreign trade zones.
  • Federal Insurance Contributions Act (FICA), Chapter 21: For the purposes of FICA taxes, the term State is defined in Section 3121(e) to include the District of Columbia, the Commonwealth of Puerto Rico, and American Samoa, but not the 50 States. The term
  • United States is defined to include specific US territories—Puerto Rico, the Virgin Islands, Guam, and American Samoa—but it explicitly excludes the 50 States and the District of Columbia.
  • Domestic International Sales Corporations, Section 993: In this section, the term United States only includes the Commonwealth of Puerto Rico and the possessions of the United States. Neither the 50 States nor the District of Columbia are included in this definition.
  • Confidentiality of Tax Returns, Section 6103(b): This section defines the term State to include the 50 States, the District of Columbia, and all US territories.
  • Alien and Nationality Laws, Section 1101: Under these laws, the definition of United States means the continental United States (48 states), Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States. American Samoa is not included in this definition.
  • Judiciary and Judicial Procedure, Section 3002: In this context, United States is defined as a "federal corporation, an agency, department, commission, board, or other entity of the United States". It does not include the 50 States or the District of Columbia.

Implications for Tax Forms

Because the term United States has different definitions depending on the law, it is argued that for tax purposes the 1040 US Individual Income Tax Return applies only to those who are a citizen or resident of the District of Columbia. Therefore, the people in the 50 States are not legally required to file this form or pay income tax.