26 U.S.C. § 123 — Amounts received under insurance contracts for certain living expenses
submitted 57 years ago by Pub. L. 91-172 to r/title-26-INTERNAL-REVENUE-CODE · 172 words · no verdicts yet
If your home is damaged or destroyed by fire, storm, or another casualty (or you're kept out of it by the government because of one), insurance money you get to cover extra living expenses from losing use of your home isn't counted as taxable income. But this only covers the extra amount — the part of your actual living costs that goes beyond what you'd normally have spent.
In the case of an individual whose principal residence is damaged or destroyed by fire, storm, or other casualty, or who is denied access to his principal residence by governmental authorities because of the occurrence or threat of occurrence of such a casualty, gross income does not include amounts received by such individual under an insurance contract which are paid to compensate or reimburse such individual for living expenses incurred for himself and members of his household resulting from the loss of use or occupancy of such residence.
Subsection (a) shall apply to amounts received by the taxpayer* for living expenses incurred during any period only to the extent the amounts received do not exceed the amount by which—
the actual living expenses incurred during such period for himself and members of his household resulting from the loss of use or occupancy of their residence, exceed
the normal living expenses which would have been incurred for himself and members of his household during such period.
Source credit: (Added Pub. L. 91–172, title IX, § 901(a), Dec. 30, 1969, 83 Stat. 709.)
- 1969Enacted · Pub. L. 91-172 · 83 Stat. 709
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-172 on 1969-12-30.
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