26 U.S.C. § 104
Compensation for injuries or sickness
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
Cite this
- Citation
- 26 U.S.C. § 104, Compensation for injuries or sickness, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462180
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Full text
Except in the case of amounts attributable to (and not in excess of) deductions allowed under section 213 (relating to medical, etc., expenses) for any prior taxable year, gross income does not include—
amounts received pursuant to—
Subsection (a)(4) shall not apply in the case of any individual who is not described in paragraph (2).
An individual is described in this paragraph if—
For purposes of this subsection, the term “combat-related injury” means personal injury or sickness—
which is incurred—
In the case of any individual described in paragraph (2), the amounts excludable under subsection (a)(4) for any period with respect to any individual shall not be less than the maximum amount which such individual, on application therefor, would be entitled to receive as disability compensation from the Veterans’ Administration.
The phrase “(other than punitive damages)” shall not apply to punitive damages awarded in a civil action—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Tax Reform Act of 1976House: no recorded tallySenate: no recorded tally
- Foreign Service Act of 1980House: no recorded tallySenate: no recorded tally
- An act to amend the Internal Revenue Code of 1954 with respect to the tax treatment of periodic payments for damages received on account of personal injury or sickness, and for other purposes.House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1989House: no recorded tallySenate: 87–7
- Small Business Job Protection Act of 1996
- Health Insurance Portability and Accountability Act of 1996
- Victims of Terrorism Tax Relief Act of 2001House: 418–0Senate: no recorded tally
- Don't Tax Our Fallen Public Safety Heroes ActHouse: 413–0Senate: no recorded tally
- Consolidated Appropriations Act, 2018House: 256–167Senate: no recorded tally