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26 U.S.C. § 112Certain combat zone compensation of members of the Armed Forces

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 729 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law excludes certain military pay from taxable income. Enlisted members and officers get tax-free pay for months they served in a combat zone, or were hospitalized from combat-zone injuries, within limits. Missing-in-action pay from the Vietnam conflict is also tax-free.

(a) Enlisted personnel: Enlisted members below commissioned-officer rank don't pay income tax on pay earned for any month they served in a combat zone, or were hospitalized for wounds, disease, or injury from serving there. This break stops for any month starting more than 2 years after combat activities end in that zone. For the Vietnam-zone hospitalization rule specifically, it stopped applying after January 1978. (b) Commissioned officers: Officers get the same tax break, but only up to the "maximum enlisted amount" defined below — pay above that cap is still taxed. The same 2-year cutoff and the Vietnam January 1978 rule apply here too. (c) Definitions, for this section: (1) "Commissioned officer" does not include a commissioned warrant officer. (2) "Combat zone" means any area the President designates by Executive Order as a place where U.S. Armed Forces are or have been fighting. (3) Service only counts as being "in a combat zone" between the start date and end date the President designates by Executive Order for that zone. (4) "Compensation" does not include pensions or retirement pay. (5) "Maximum enlisted amount" for a month means (A) the highest basic-pay rate paid that month to any enlisted member at the highest enlisted pay grade, plus (B) for an officer who also gets certain special pay under specific title 37 provisions, the amount of that special pay for that month. (d) Prisoners of war, etc. (1) Members of the Armed Forces: Gross income does not include pay for any month a member is in "missing status" during the Vietnam conflict because of that conflict — except for any period officially determined to be an unauthorized absence from duty. (2) Civilian employees: The same tax-free treatment applies to a civilian employee's pay for any month they are in missing status during the Vietnam conflict because of it, using the definitions of "active service," "employee," and "missing status" from title 5, section 5561. (3) Period of conflict: For this subsection, the Vietnam conflict ran from February 28, 1961, until the date the President designates by Executive Order as when combat activities in Vietnam ended. A person is in missing status "as a result of" the Vietnam conflict if, right before going missing, they were serving in Vietnam or serving in Southeast Asia in direct support of military operations in Vietnam.
the actual law source: uscode.house.gov ↗public domain
(a) Enlisted personnel

Gross income does not include compensation received for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any month during any part of which such member—

(1)

served in a combat zone, or

(2)

was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone.

With respect to service in the combat zone designated for purposes of the Vietnam conflict, paragraph (2) shall not apply to any month after January 1978.

(b) Commissioned officers

Gross income does not include so much of the compensation as does not exceed the maximum enlisted amount received for active service as a commissioned officer in the Armed Forces of the United States for any month during any part of which such officer—

(1)

served in a combat zone, or

(2)

was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone.

With respect to service in the combat zone designated for purposes of the Vietnam conflict, paragraph (2) shall not apply to any month after January 1978.

(c) Definitions

For purposes of this section—

(1)

The term “commissioned officer” does not include a commissioned warrant officer.

(2)

The term “combat zone” means any area which the President of the United States by Executive Order designates, for purposes of this section or corresponding provisions of prior income tax laws, as an area in which Armed Forces of the United States are or have engaged in combat.

(3)

Service is performed in a combat zone only if performed on or after the date designated by the President by Executive Order as the date of the commencing of combatant activities in such zone, and on or before the date designated by the President by Executive Order as the date of the termination of combatant activities in such zone.

(4)

The term “compensation” does not include pensions and retirement pay.

(5)

The term “maximum enlisted amount” means, for any month, the sum of—

(A)

the highest rate of basic pay payable for such month to any enlisted member of the Armed Forces of the United States at the highest pay grade applicable to enlisted members, and

(B)

in the case of an officer entitled to special pay under section 310, or paragraph (1) or (3) of section 351(a), of title 37, United States Code, for such month, the amount of such special pay payable to such officer for such month.

(d) Prisoners of war, etc.
(1) Members of the Armed Forces

Gross income does not include compensation received for active service as a member of the Armed Forces of the United States for any month during any part of which such member is in a missing status (as defined in section 551(2) of title 37, United States Code) during the Vietnam conflict as a result of such conflict, other than a period with respect to which it is officially determined under section 552(c) of such title 37 that he is officially absent from his post of duty without authority.

(2) Civilian employees

Gross income does not include compensation received for active service as an employee for any month during any part of which such employee is in a missing status during the Vietnam conflict as a result of such conflict. For purposes of this paragraph, the terms “active service”, “employee”, and “missing status” have the respective meanings given to such terms by section 5561 of title 5 of the United States Code.

(3) Period of conflict

For purposes of this subsection, the Vietnam conflict began February 28, 1961, and ends on the date designated by the President by Executive order as the date of the termination of combatant activities in Vietnam. For purposes of this subsection, an individual is in a missing status as a result of the Vietnam conflict if immediately before such status began he was performing service in Vietnam or was performing service in Southeast Asia in direct support of military operations in Vietnam.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 34; Pub. L. 89–739, § 1, Nov. 2, 1966, 80 Stat. 1165; Pub. L. 92–279, § 1, Apr. 26, 1972, 86 Stat. 124; Pub. L. 93–597, § 2(a), (b), Jan. 2, 1975, 88 Stat. 1950; Pub. L. 94–569, § 3(b), Oct. 20, 1976, 90 Stat. 2699; Pub. L. 104–117, § 1(d), Mar. 20, 1996, 110 Stat. 828; Pub. L. 104–188, title I, § 1704(t)(4)(A), Aug. 20, 1996, 110 Stat. 1887; Pub. L. 113–295, div. A, title II, § 221(a)(18), Dec. 19, 2014, 128 Stat. 4039; Pub. L. 114–328, div. A, title VI, § 618(k), Dec. 23, 2016, 130 Stat. 2161.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1966Amended · Pub. L. 89-739 · 80 Stat. 1165
  • 1972Amended · Pub. L. 92-279 · 86 Stat. 124
  • 1975Amended · Pub. L. 93-597 · 88 Stat. 1950
  • 1976Amended · Pub. L. 94-569 · 90 Stat. 2699
  • 1996Amended · Pub. L. 104-117 · 110 Stat. 828
  • 1996Amended · Pub. L. 104-188 · 110 Stat. 1887
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4039
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2161

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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