Title 26, Internal Revenue CodeRelease 119-110

§139M Compensation for Losses or Damages Resulting From Certain Wildfires

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 › § 139M

Last updated Sep 23, 2026|Official source

Summary

Money you get to cover losses, expenses, or damage from a federally declared forest or range fire (declared after December 31, 2014 and before January 1, 2027) is not counted as gross income, as long as the same losses aren’t already paid by insurance or another source. This can include payments for extra living costs, lost wages (except wages your employer would have paid anyway), physical injury, death, or emotional harm. You cannot claim the same tax benefit twice: if a wildfire payment is tax-free, you may not also take a deduction or credit for that expense, and you may not increase the tax basis of property by the amount that was excluded.

Full Legal Text

Title 26, §139M

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
Gross income shall not include any amount received by an individual as a qualified wildfire relief payment.
(b)Qualified wildfire relief payment
For purposes of this section
(1) In general
(2)Qualified wildfire disaster
The term “qualified wildfire disaster” means any Federally declared disaster (as defined in section 165(i)(5)(A)) declared after December 31, 2014, and before January 1, 2027, as a result of any forest or range fire.
(c)Denial of double benefit
Notwithstanding any other provision of this title—
(1)no deduction or credit shall be allowed (to the individual for whose benefit a qualified wildfire relief payment is made) for, or by reason of, any expenditure to the extent of the amount excluded under this section with respect to such expenditure, and
(2)no increase in the basis or adjusted basis of any property shall result from any amount excluded under this section with respect to such property.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 119–108, § 3(c), Sept. 11, 2026, 140 Stat. 1021, provided that: “The

Amendments

made by this section [enacting this section] shall apply to payments received in taxable years beginning after December 31, 2025.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 139M

Title 26, Internal Revenue Code

Last Updated

Sep 23, 2026

Release point: 119-110