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26 U.S.C. § 139BBenefits provided to volunteer firefighters and emergency medical responders

submitted 19 years ago by Pub. L. 110-142 to r/title-26-INTERNAL-REVENUE-CODE · 326 words · no verdicts yet

in plain englishAI-generated · not legal advice

Volunteer firefighters and EMS workers do not have to pay tax on certain state or local tax breaks, or on payments up to $50 per month, that they get for their volunteer service. But they cannot also double-count these amounts as itemized deductions or charitable gifts.

This section gives tax relief to volunteer firefighters and emergency medical responders. (a) In general. If you are a member of a qualified volunteer emergency response organization, your taxable income does not include: (1) any qualified state and local tax benefit, or (2) any qualified payment. (b) Denial of double benefits. To prevent double tax breaks: (1) if you got a qualified state and local tax benefit, your itemized deduction for state and local taxes under section 164 must be reduced to reflect it; and (2) if you spent your own money doing volunteer work and want to claim it as a charitable deduction under section 170, you can only count the part of those expenses that is more than any qualified payment you excluded from income under subsection (a). (c) Definitions. (1) A "qualified state and local tax benefit" is any reduction or rebate of certain state or local taxes (listed in section 164(a)) that a state or local government gives because you serve as a volunteer. (2) A "qualified payment" is any payment or reimbursement a state or local government gives you for your volunteer service — but the tax-free amount cannot exceed $50 for each month during the year that you actually performed the service. (3) A "qualified volunteer emergency response organization" is a volunteer group that is organized and run to provide firefighting or emergency medical services, and that a state or local government requires, by written agreement, to provide those services.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 110–142, § 5(a), Dec. 20, 2007, 121 Stat. 1805; amended Pub. L. 116–94, div. O, title III, § 301(a), (b), Dec. 20, 2019, 133 Stat. 3175; Pub. L. 116–260, div. EE, title I, § 103(a), Dec. 27, 2020, 134 Stat. 3040.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-142 · 121 Stat. 1805
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3175
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3040

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-142 on 2007-12-20.

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