The article analyzes the institution of the nontaxable minimum as embedded in the structure of the elements of the legal construction of a tax. In this context, the following elements are examined: the object of taxation, the tax base derived therefrom, the scale, the subject matter, and the source of taxation. It is argued that the nontaxable minimum may be implemented either through the tax base or through the subject matter of taxation. The optimal area for its application is income taxation, where income necessary to meet basic needs is nontaxable. In property taxes, only an additional (secondary) effect is possible, which does not replace the primary one. The inapplicability of this institution to fees and insurance contributions is substantiated.