26 U.S.C. § 131
Gross income shall not include amounts received by a foster care provider during the taxable year as qualified foster care payments.
For purposes of this section-
The term "qualified foster care payment" means any payment made pursuant to a foster care program of a State or political subdivision thereof-
The term "qualified foster individual" means any individual who is living in a foster family home in which such individual was placed by-
The term "qualified foster care placement agency" means any placement agency which is licensed or certified by-
for the foster care program of such State or political subdivision to make foster care payments to providers of foster care.
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.
For purposes of this section-
The term "difficulty of care payments" means payments to individuals which are not described in subsection (b)(1)(B)(i), and which-
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-
26 U.S.C. § 131
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 131 was renumbered section 140 of this title.
AMENDMENTS2002-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, §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 DATEPub. 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."
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.