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Abstract

This Note is split into multiple sections to delve into what khums is and its treatment by American Shia Muslim taxpayers. The first part will discuss the statutory basis of the tax, the difference in statutory interpretation between Sunnis and Shia that has led to a difference in the obligation of the tax, and the beneficiaries of the tax. The second part will focus on the method of calculating the khums tax, such as what categories of income are excluded in calculating gross income, deductions from gross income, and the timing of when the tax is to be paid. Then, I will discuss the process of paying khums, implications of overpayment and failure of payment of the tax. The final section will discuss the relationship between the religious tax and the federal income tax structure on American Shia Muslims who are obligated to pay both taxes. It will look at whether an individual may take a charitable contribution deduction for their payment of this religious tax and how income tax deduction due to the charitable contribution would then impact their khums obligation, with recommendations set forth based on the analysis.

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