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26 U.S.C. § 123Amounts 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

in plain englishAI-generated · not legal advice

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.

This section excludes certain insurance payments for temporary living expenses from taxable income. (a) General rule. If an individual's principal home is damaged or destroyed by fire, storm, or other casualty, or the individual is denied access to it by the government because such a casualty happened or threatened to happen, gross income does not include amounts they receive under an insurance contract to compensate or reimburse them for living expenses for themselves and their household, resulting from losing the use of that home. (b) Limitation. This exclusion only applies up to the amount by which: (1) the actual living expenses the person and household incurred during that period, because of losing use of the residence, are more than (2) the normal living expenses they would have had anyway during that same period. In other words, only the extra living cost caused by the loss is excluded — not ordinary expenses they'd have paid regardless.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

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.

(b) Limitation

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—

(1)

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

(2)

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.)

history & why it existsrecord from the source credit
  • 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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