Title 26, Internal Revenue CodeRelease 119-110

§139B Benefits Provided to Volunteer Firefighters and Emergency Medical Responders

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 › § 139B

Last updated Sep 22, 2026|Official source

Summary

Members of certain volunteer firefighting or emergency medical groups do not have to count two kinds of help from a state or local government as federal taxable income. One is a cut or rebate on state or local taxes because of the volunteering. The other is a payment from the state or local government for doing the volunteer work. Payments are limited to $50 for each month you serve that year. You cannot get double tax breaks: your state/local tax deduction must reflect any tax cut you received, and out-of-pocket expenses are deductible as charity only to the extent they are more than any excluded payments. A “qualified state and local tax benefit” is a tax cut or rebate given because of the volunteer service. A “qualified payment” is any payment from a state or local government for the service, capped at $50 per month. A “qualified volunteer emergency response organization” is a volunteer group that provides firefighting or emergency medical services and is required by a written agreement to do so for the state or local government.

Full Legal Text

Title 26, §139B

Internal Revenue Code, Source: USLM XML via OLRC

(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
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (d). Pub. L. 116–260 struck out subsec. (d). Text read as follows: “This section shall not apply with respect to taxable years beginning— “(1) after
December 31, 2010, and before
January 1, 2020, or “(2) after
December 31, 2020.” 2019—Subsec. (c)(2). Pub. L. 116–94, § 301(a), substituted “$50” for “$30”. Subsec. (d). Pub. L. 116–94, § 301(b), substituted “beginning—” for “beginning after
December 31, 2010.” and added pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 Amendment Pub. L. 116–260, div. EE, title I, § 103(b), Dec. 27, 2020, 134 Stat. 3040, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2020.”

Effective Date

of 2019 Amendment Pub. L. 116–94, div. O, title III, § 301(d), Dec. 20, 2019, 133 Stat. 3175, provided that: “The

Amendments

made by this section [amending this section and section 3121 of this title] shall apply to taxable years beginning after December 31, 2019.”

Effective Date

Pub. L. 110–142, § 5(c), Dec. 20, 2007, 121 Stat. 1806, provided that: “The

Amendments

made by this section [enacting this section] shall apply to taxable years beginning after December 31, 2007.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 139B

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110