Title 26, Internal Revenue CodeRelease 119-110

§131 Certain Foster Care Payments

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter B — Computation of Taxable Income › PART III — ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME › § 131

Last updated Sep 22, 2026|Official source

Summary

Certain payments a foster parent gets under a State foster care program do not count as taxable income. To be tax-free, the money must come from the State or a licensed placement agency and must be paid for caring for a foster child in the provider’s home or for extra help when a child needs more care. A “qualified foster individual” is a child placed in the home by a State agency or a licensed placement agency. A “qualified placement agency” is one licensed or approved by the State to make payments. If the home has any foster person who is 19 or older, regular foster payments (not the extra-care payments) are tax-free only for up to 5 such older foster persons; amounts for more than 5 are not tax-free. Extra-care payments (for a child with a physical, mental, or emotional handicap that the State says needs extra pay) are tax-free only up to 10 foster persons under age 19 and up to 5 foster persons who are age 19 or older.

Full Legal Text

Title 26, §131

Internal Revenue Code, Source: USLM XML via OLRC

(a)General rule
Gross income shall not include amounts received by a foster care provider during the taxable year as qualified foster care payments.
(b)Qualified foster care payment defined
For purposes of this section
(1) In general
(2)Qualified foster individual
The term “qualified foster individual” means any individual who is living in a foster family home in which such individual was placed by—
(A)an agency of a State or political subdivision thereof, or
(B)a qualified foster care placement agency.
(3)Qualified foster care placement agency
The term “qualified foster care placement agency” means any placement agency which is licensed or certified by—
(A)a State or political subdivision thereof, or
(B)an entity designated by a State or political subdivision thereof,
for the foster care program of such State or political subdivision to make foster care payments to providers of foster care.
(4)Limitation based on number of individuals over the age of 18
In the case of any foster home in which there is a qualified foster care individual who has attained age 19, foster care payments (other than difficulty of care payments) for any period to which such payments relate shall not be excludable from gross income under subsection (a) to the extent such payments are made for more than 5 such qualified foster individuals.
(c)Difficulty of care payments
For purposes of this section
(1) Difficulty of care payments
(2)Limitation based on number of individuals
In the case of any foster home, difficulty of care payments for any period to which such payments relate shall not be excludable from gross income under subsection (a) to the extent such payments are made for more than—
(A)10 qualified foster individuals who have not attained age 19, and
(B)5 qualified foster individuals not described in subparagraph (A).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 131 was renumbered section 140 of this title.

Amendments

2002—Subsec. (b)(1). Pub. L. 107–147, § 404(a), amended provisions preceding subpar. (B) generally. Prior to amendment, text of such provisions read as follows: “The term ‘qualified foster care payment’ means any amount— “(A) which is paid by a State or political subdivision thereof or by a placement agency which is described in section 501(c)(3) and exempt from tax under section 501(a), and”. Subsec. (b)(2)(B). Pub. L. 107–147, § 404(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of an individual who has not attained age 19, an organization which is licensed by a State (or political subdivision thereof) as a placement agency and which is described in section 501(c)(3) and exempt from tax under section 501(a).” Subsec. (b)(3), (4). Pub. L. 107–147, § 404(c), added par. (3) and redesignated former par. (3) as (4). 1986—Subsec. (a). Pub. L. 99–514 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Gross income shall not include amounts received by a foster parent during the taxable year as qualified foster care payments.” Subsec. (b). Pub. L. 99–514 amended subsec. (b) generally. Prior to amendment, par. (1) “In general” read as follows: “The term ‘qualified foster care payment’ means any amount— “(A) which is paid by a State or political subdivision thereof or by a child-placing agency which is described in section 501(c)(3) and exempt from tax under section 501(a), and “(B) which is— “(i) paid to reimburse the foster parent for the expenses of caring for a qualified foster child in the foster parent’s home, or “(ii) a difficulty of care payment.” and par. (2) “Qualified foster child” read as follows: “The term ‘qualified foster child’ means any individual who— “(A) has not attained age 19, and “(B) is living in a foster family home in which such individual was placed by— “(i) an agency of a State or political subdivision thereof, or “(ii) an organization which is licensed by a State (or political subdivision thereof) as a child-placing agency and which is described in section 501(c)(3) and exempt from tax under section 501(a).” Subsec. (c). Pub. L. 99–514, in amending subsec. (c) generally, in par. (1)(A), substituted references to “qualified foster individual”, “such individual”, and “foster care provider” for references to “qualified foster child”, “such child”, and “foster parent”, respectively, and in par. (2) substituted “more than (A) 10 qualified foster individuals who have not attained age 19, and (B) 5 qualified foster individuals not described in subparagraph (A)” for “more than 10 qualified foster children”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 Amendment Pub. L. 107–147, title IV, § 404(d), Mar. 9, 2002, 116 Stat. 42, provided that: “The

Amendments

made by this section [amending this section] shall apply to taxable years beginning after December 31, 2001.”

Effective Date

of 1986 Amendment Pub. L. 99–514, title XVII, § 1707(b), Oct. 22, 1986, 100 Stat. 2782, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 1985.”

Effective Date

Pub. L. 97–473, title I, § 102(c), Jan. 14, 1983, 96 Stat. 2607, provided that: “The

Amendments

made by this section [enacting this section] shall apply to taxable years beginning after December 31, 1978.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 131

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110