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LegalText 26 U.S.C. § 139F Certain amounts received by wrongfully incarcerated individuals us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 139F 26 U.S.C. § 139F 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/s139F data/legal/raw/us/code/title-26/usc26.xml 66def8dcb7f6e18b63364ba7583bbe733c31f4eab345879b5dacd80e10400af2 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 c7f4e7da66da4c12dc475c9ac66a1dc124c0f06f51a6ffce0e6c7a2ace1f8935 2026-07-04 official
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26 U.S.C. § 139F - Certain amounts received by wrongfully incarcerated individuals

Text

(a) Exclusion from gross income In the case of any wrongfully incarcerated individual, gross income shall not include any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) relating to the incarceration of such individual for the covered offense for which such individual was convicted.

(b) Wrongfully incarcerated individual For purposes of this section, the term “wrongfully incarcerated individual” means an individual—

(1) who was convicted of a covered offense,

(2) who served all or part of a sentence of imprisonment relating to that covered offense, and

(3) (A) who was pardoned, granted clemency, or granted amnesty for that covered offense because that individual was innocent of that covered offense, or

(B) (i) for whom the judgment of conviction for that covered offense was reversed or vacated, and

(ii) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated.

(c) Covered offense For purposes of this section, the term “covered offense” means any criminal offense under Federal or State law, and includes any criminal offense arising from the same course of conduct as that criminal offense.

(Added Pub. L. 114113, div. Q, title III, § 304(a), Dec. 18, 2015, 129 Stat. 3087.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 114113, div. Q, title III, § 304(c), Dec. 18, 2015, 129 Stat. 3088, provided that: “The amendments made by this section [enacting this section] shall apply to taxable years beginning before, on, or after the date of the enactment of this Act [Dec. 18, 2015].”

Waiver of LimitationsPub. L. 114113, div. Q, title III, § 304(d), Dec. 18, 2015, 129 Stat. 3088, as amended by Pub. L. 115123, div. D, title II, § 41103(a), Feb. 9, 2018, 132 Stat. 155, provided that: “If the credit or refund of any overpayment of tax resulting from the application of this Act [probably means this section, enacting this section and provisions set out as a note above] to a period before the date of enactment of this Act [Dec. 18, 2015] is prevented as of such date by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the 3-year period beginning on the date of the enactment of this Act.” [Pub. L. 115123, div. D, title II, § 41103(b), Feb. 9, 2018, 132 Stat. 155, provided that: “The amendment made by this section [amending section 304(d) of Pub. L. 114113, set out above] shall take effect on the date of the enactment of this Act [Feb. 9, 2018].” ]