The meaning of private costs in the income tax law is between the ends of the scales, as the use of disposable income and as the basis for taxation; the other side is the use of unencumbered income, and as a restricted area of taxation. In this context, the German tax law from the Constitution of the right to life, that meet the tax obligor and his family members to the minimum subsistence necessary costs must be deducted from the income tax base. However, the basis of the Constitutional Protection and the specific design of the system of income tax exemption and other deductions are not universally recognized by Taiwan's tax practice. On the contrary, the legislators use the formation of freedom, complete violate taxpayer which has the right not to be taxed. Therefore, this research project explores what is meant by the constitutional value the "unavoidable" costs in the income tax law, and the limits of authority and discretion space of legislators.