Title 26Internal Revenue CodeRelease 119-73

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

Title 26 › Subtitle 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 Apr 6, 2026|Official source

Summary

If you volunteer with a qualified firefighting or emergency medical organization, certain rewards from your state or local government are tax-free. You pay no income tax on property tax or other state and local tax reductions or rebates given for your service, or on payments made to you for serving — up to $50 for each month you perform the services (raised from $30 for tax years beginning after December 31, 2019). A qualified organization is a volunteer group required by written agreement with the state or political subdivision to furnish firefighting or emergency medical services there. Two trade-offs apply: your state and local tax deduction is figured taking the tax break into account, and your volunteer expenses count toward a charitable deduction only to the extent they exceed the payments you excluded. An expiration date once limited this benefit, but it was removed for tax years beginning after December 31, 2020, so the exclusion now applies without a time limit.

Full Legal Text

Title 26, §139B

Internal Revenue Code — Source: USLM XML via OLRC

(a)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)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)For purposes of this section—
(1)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)(A)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)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)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 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73