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"There are no statutory provisions directly on point, Internal Revenue Service guidance is outdated and conflicting, and the small number of judicial decisions in this area are narrowly written to resolve only the tax liability of the particular taxpayer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
The latest Dirty Dozen tax scam list is familiar because too many are still falling for the schemes

March 5, 2026

Tax filing season is also peak time for tax scams. Be on the lookout for…

Read More
Hello Tax Season 2026

Happy New Tax Year! Are you ready to file your 2025 tax return? I know, too early to ask. But Tax Day 2026 will be here before we realize it. The Internal Revenue Service deadline to file and pay any tax we owe is the regular April 15 date this year. It’s also Tax Day for most of the states that collect income taxes from their residents, which is most of the states! If that seems too far away right now, don’t worry. As is the case every tax season, the ol’ blog’s tips and other tax reminders should help all of us meet our state and federal responsibilities. Procrastinators also will want to keep an eye on the countdown clock just below. It tracks how much time we have until April’s Tax Day, just in case we put off our annual tax task until the absolutely final hours and decide we need to instead get an extension request into the IRS by that date. (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…

Leave your comment