Dissecting taxation of human body parts

November 15, 2009

Taxpayers often complain that the IRS seems to want an arm and a leg from them.

Operation game Well, it turns out that a pound of flesh (although usually much less) might one day literally be considered when it comes to taxation.

"Transfers of human body materials are ubiquitous. From surrogacy arrangements, to sales of eggs, sperm and plasma to clinics, to black markets for kidneys, to pleas for donations of body materials, these transfers are covered and debated daily in popular and academic discourse," writes Lisa Milot of the University of Georgia Law School.

But, adds Milot, current law is unclear about the tax consequences of these transfers.

"There are no statutory provisions directly on point, Internal Revenue Service guidance is outdated and conflicting, and the small number of judicial decisions in this area are narrowly written to resolve only the tax liability of the particular taxpayer before the court," says Milot.

The Wall Street Journal picked up on the issue, talking to Pace University tax professor Bridget Crawford, who says lack of specifics in the tax code reflect the "fundamental question of whether the human body is a product, or if it is something so special that it can't be taxed."

Thanks to TaxProf for being the first to direct us to this, uh, intriguing tax angle. You'll want to check out his latest post on body part taxation (that phrase sort of makes it sound like the Prof blogs about this rather ghoulish topic all the time, doesn't it?) for, among other things, the many comments from the legal community that it's generated.

And as WebCPA's Debits & Credits notes, a "transplant tax" may not be so far off after all.

Organ donation deductions: Rather than tax body part transfers, one state offers tax breaks in connection with organ donations.

Utah provides its residents who donate an organ may a potential $10,000 tax credit to help offset qualified expenses connected with the surgical procedure.

Other states offer charitable check-offs, by which taxpayers can make contributions directly on their state returns to various nonprofits. Again in Utah, one of the eligible organizations is the Kurt Oscarson Children's Organ Transplant Fund.

Related posts:

Want to tell your friends about this blog post? Click the Share This icon below to spread the word via e-mail, Twitter, Facebook, Digg and other popular options. Thanks!

Share:

The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

Latest Posts
Tropical Storm Arthur’s deadly arrival underscores need for disaster preparation

June 18, 2026

Tropical Storm Arthur as it moved toward the Texas cost on June 17. Its deadly…

Read More
Tax Season 2026 Continues!

We made it. Tax Day 2025 is finally over. For most of us. When the filing season started on Jan. 26, millions who were expecting refunds filed immediately. Most of us got our returns to the Internal Revenue Service by April 15. But plenty of taxpayers also got extensions. They are looking at an Oct. 15 filing deadline.

Those procrastinating filers aren’t a problem. In fact, the IRS appreciates taxpayers who take time to fill out their 1040 forms correctly. It also is grateful that tax submissions are spread out a bit, especially now that the IRS is a leaner agency. Processing returns is easier when they arrive throughout the year instead of in massive bunches.

But enough about Uncle Sam’s tax collection issues. The focus now is on all y’all who filed for extensions, giving you another six months to complete your return. Since your new mid-October due date will be here before you know it, let’s get started now on meeting it.

The ol’ blog is here to help you finish up your extended Form 1040. You can start with January’s tax tips page, which has links to the rest of the year’s tips by-month collections. You also can peruse various tax categories for more tailored advice by clicking on the More Tax Posts drop-down menu at the top of this (and every) page.

And to make sure you don’t miss your new filing deadline, the count-down clock below will let you know just how much time you to file by Oct. 15. At the latest.e. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Michael Zuk DDS

    I just paid tax on importing a rotten tooth from the UK…it happens to be John Lennon’s tooth. If you ‘paid’ to get your teeth repaired in another country will they start doing oral exams at the border and charging duty?

  • Taxing organ markets

    Kay Bell rounds up a flurry of recent coverage of issues on the taxation of body parts. While the tax…

Comments are closed.