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LegalText 26 U.S.C. § 139B Benefits provided to volunteer firefighters and emergency medical responders us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 139B 26 U.S.C. § 139B current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s139B data/legal/raw/us/code/title-26/usc26.xml b6b2980ae165f34865b94d19c44a7cef45dce3e300f26cc572297b7ffe51de56 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 e168a666561adee3574f078e69eba1442a9f5dc1175b51a03c6ae4f04b32ce1f 2026-07-04 official
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26 U.S.C. § 139B - Benefits provided to volunteer firefighters and emergency medical responders

Text

(a) In general In the case of any member of a qualified volunteer emergency response organization, gross income shall not include—

(1) any qualified State and local tax benefit, and

(2) any qualified payment.

(b) Denial of double benefits In the case of any member of a qualified volunteer emergency response organization—

(1) the deduction under 164 shall be determined with regard to any qualified State and local tax benefit, and

(2) expenses paid or incurred by the taxpayer in connection with the performance of services as such a member shall be taken into account under section 170 only to the extent such expenses exceed the amount of any qualified payment excluded from gross income under subsection (a).

(c) Definitions For purposes of this section—

(1) Qualified State and local tax benefit The term “qualified state and local tax benefit” means any reduction or rebate of a tax described in paragraph (1), (2), or (3) of section 164(a) provided by a State or political division thereof on account of services performed as a member of a qualified volunteer emergency response organization.

(2) Qualified payment (A) In general The term “qualified payment” means any payment (whether reimbursement or otherwise) provided by a State or political division thereof on account of the performance of services as a member of a qualified volunteer emergency response organization.

(B) Applicable dollar limitation The amount determined under subparagraph (A) for any taxable year shall not exceed $50 multiplied by the number of months during such year that the taxpayer performs such services.

(3) Qualified volunteer emergency response organization The term “qualified volunteer emergency response organization” means any volunteer organization—

(A) which is organized and operated to provide firefighting or emergency medical services for persons in the State or political subdivision, as the case may be, and

(B) which is required (by written agreement) by the State or political subdivision to furnish firefighting or emergency medical services in such State or political subdivision.

(Added Pub. L. 110142, § 5(a), Dec. 20, 2007, 121 Stat. 1805; amended Pub. L. 11694, div. O, title III, § 301(a), (b), Dec. 20, 2019, 133 Stat. 3175; Pub. L. 116260, div. EE, title I, § 103(a), Dec. 27, 2020, 134 Stat. 3040.)

Notes

Editorial Notes

Amendments2020—Subsec. (d). Pub. L. 116260 struck out subsec. (d). Text read as follows: “This section shall not apply with respect to taxable years beginning— “(1) after December 31, 2010, and before January 1, 2020, or “(2) after December 31, 2020.” 2019—Subsec. (c)(2). Pub. L. 11694, § 301(a), substituted “$50” for “$30”. Subsec. (d). Pub. L. 11694, § 301(b), substituted “beginning—” for “beginning after December 31, 2010.” and added pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 AmendmentPub. L. 116260, div. EE, title I, § 103(b), Dec. 27, 2020, 134 Stat. 3040, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2020.”

Effective Date of 2019 AmendmentPub. L. 11694, div. O, title III, § 301(d), Dec. 20, 2019, 133 Stat. 3175, provided that: “The amendments made by this section [amending this section and section 3121 of this title] shall apply to taxable years beginning after December 31, 2019.”

Effective DatePub. L. 110142, § 5(c), Dec. 20, 2007, 121 Stat. 1806, provided that: “The amendments made by this section [enacting this section] shall apply to taxable years beginning after December 31, 2007.”