The First Federal Income Tax Was Introduced in 1861
The United States first imposed a federal income tax in 1861 to fund the Civil War. It was a temporary measure — a tax on earnings above a certain threshold, with rates that climbed as income rose. The tax expired in 1872, after the war ended and the government no longer needed the revenue.
This early income tax was not the permanent system we know today. It was designed to be temporary, and Congress let it lapse. For the next 25 years, the federal government relied on tariffs and excise taxes instead. Income tax would return, but not until the 20th century.
Key Takeaways
- The first federal income tax began in 1861 as a temporary war measure during the Civil War and ended in 1872.
- A second income tax was introduced in 1894 but was struck down by the Supreme Court in 1895 as unconstitutional.
- The 16th Amendment, ratified in 1913, gave Congress the permanent legal authority to tax income without apportioning it among the states.
- The modern income tax system began in 1913 and has been the primary source of federal revenue ever since.
Why Income Tax Returned in 1894
After the Civil War income tax expired, the federal government collected revenue through tariffs on imported goods and taxes on specific items like alcohol and tobacco. But by the 1890s, tariffs were unpopular, and Congress wanted a new revenue source. In 1894, lawmakers passed a second income tax — this time on incomes above $4,000, which was a substantial sum at the time.
This second attempt lasted only one year. In 1895, the Supreme Court ruled in Pollock v. Farmers' Loan & Trust Co. that the income tax was unconstitutional. The Court said that a direct tax on income had to be apportioned among the states based on population, which made the tax impractical to administer. The tax was struck down, and income tax disappeared again.
The 16th Amendment Changed Everything
The Supreme Court's 1895 decision blocked income tax for 18 years. But support for an income tax grew, especially among those who believed wealthy individuals should pay more. In 1909, Congress proposed the 16th Amendment to override the Court's ruling and give the federal government clear power to tax income without apportioning it among states.
The amendment was ratified on February 3, 1913, and became part of the Constitution. It reads: "The Congress shall have power to collect taxes on incomes, from whatever source derived, without apportionment among the several States." This single sentence removed the legal barrier and made income tax permanent.
The Modern Income Tax Began in October 1913
Just eight months after the 16th Amendment was ratified, Congress passed the first permanent income tax under the new authority. The tax took effect on October 3, 1913, as part of the Underwood Tariff Act. The initial rates were low — only 1 percent on incomes above $3,000 — and only about 3 percent of the population owed income tax because the threshold was high.
The structure was progressive, meaning higher earners paid higher rates. Someone making $20,000 paid 2 percent; someone making $500,000 paid 7 percent. These rates seem modest by modern standards, but they represented a major shift in how the federal government funded itself. Within a few years, income tax would become the largest source of federal revenue.
How Income Tax Grew During World War I
When the United States entered World War I in 1917, the government needed far more revenue. Congress raised income tax rates dramatically. The top rate climbed from 7 percent in 1913 to 77 percent by 1918. The income threshold also dropped, bringing millions more people into the tax system.
After the war ended, rates came down somewhat, but they never returned to 1913 levels. Income tax had become the backbone of federal revenue, and it has remained so ever since. The rates and brackets have changed many times over the past century, but the basic system — a progressive tax on individual and corporate earnings — has stayed in place.
State Income Taxes Came Later
While the federal income tax began in 1861, state income taxes developed on a different timeline. Wisconsin became the first state to impose an income tax in 1911, before the 16th Amendment was even ratified. Other states followed slowly. Today, 41 states and Washington, D.C. have income taxes, though nine states have no state income tax at all.
State income tax rates and structures vary widely. Some states tax only wage income; others tax investment income as well. Some have flat rates; others use progressive brackets like the federal system. The year a state adopted income tax depends on its own legislative history and does not follow the federal timeline.
Why the History Matters Today
Understanding when income tax started helps explain why it works the way it does now. The 16th Amendment's language — "from whatever source derived" — is why the IRS taxes wages, interest, dividends, capital gains, and self-employment income. The progressive structure that began in 1913 is why tax brackets and rates exist. The fact that income tax became necessary during wartime is why it expanded so quickly and why it has remained the primary federal revenue source even in peacetime.
The history also shows that income tax was not always part of the American system. It took a constitutional amendment to make it permanent, and it took World War I to make it the dominant form of federal taxation. These events shaped the tax code that exists today.
Frequently Asked Questions
Was there any federal tax before 1861?
Yes. The federal government taxed imports (tariffs) and specific goods like alcohol and tobacco. These were the main revenue sources before the Civil War. Income tax was new in 1861 and was created specifically to fund the war effort.
Why did the Supreme Court strike down the 1894 income tax?
The Court ruled that income tax was a direct tax and had to be apportioned among states based on population. This made it impractical — a state with 10 percent of the population would have to collect 10 percent of all income tax revenue, which was impossible to enforce. The 16th Amendment removed this requirement.
Did everyone have to pay income tax when it started in 1913?
No. The initial threshold was $3,000 per year, which was a high income in 1913. Only about 3 percent of workers earned that much. Most ordinary workers did not owe federal income tax until World War I, when the threshold dropped and rates rose.
How much did people pay in income tax in 1913?
The rate was 1 percent on incomes above $3,000, rising to 7 percent on incomes above $500,000. These rates were much lower than today's rates, but they were also applied to far fewer people because the income threshold was much higher.
Do all states have income tax?
No. Nine states have no state income tax: Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington, Wyoming, and New Hampshire (which taxes only dividend and interest income). The other 41 states and Washington, D.C. have some form of income tax.