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             Congressional
             SResearch Service





Taxpayers in the Top Income Tax Bracket:

Statistics and Observations



May   3, 2021
President Joe Biden has proposed increasing the top marginal income tax rate on ordinary income to
39.6%. The top marginal income tax rate was reduced from 39.6% to 37% in the 2017 tax revision
(commonly referred to as the Tax Cuts and Jobs Act or TCJA; P. L. 115-97). TCJA's changes to
individual income tax rates were enacted on a temporary basis, and are scheduled to expire after 2025.
For 2021, the top marginal tax rate of 37% applies to income above $628,300 for married taxpayers filing
joint returns and income above $523,600 for single filers and head of household filers. This Insight uses
data from the Internal Revenue Service's Statistics of Income to examine taxpayers filing income tax
returns that were subject to the top marginal income tax rate of 37% in 2018, as well as data and
information from other sources to address questions about how raising the top marginal tax right might
affect federal tax revenues and taxable income.


How many taxpayers are subject to the top marginal

income tax rate?

Nearly 154 million tax returns were filed for the 2018 tax year. Of those, 0.5% were subject to the top
marginal tax rate of 37%. By tax filing status, a greater share of married taxpayers were subject to the top
rate compared to unmarried filers. In 2018, 1.2% of married taxpayers filing a joint return were subject to
the 37% rate. For single and head of household filers, 0.1% of returns were subject to the top rate.


How much income is subject to the top marginal income

tax   rate?

Total adjusted gross income (AGI) on 2018 individual income tax returns was $11.6 trillion, while taxable
income was $9.0 trillion. Nearly $1.6 trillion in taxable income was reported on tax returns subject to the
top marginal tax rate of 37% in 2018. However, not all of that income was subject to the top marginal tax
rate, since all taxpayers pay taxes according to a progressive, marginal income tax rate schedule. Other
income is taxed at lower rates because it is attributable to capital gains or dividends (dividends and capital

                                                            Congressional Research Service
                                                            https://crsreports.congress.gov
                                                                                IN11653

CRS INSIGHT
Prepared for Membersand
Committeesof Congress

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