§ 912 Exemption for certain allowances

OLRC 119-134 · eCFR 2026-10-19 · 2 regs · 5 amending Acts · cited by 1 sections

Enacted 1954 · Act Aug. 16, 1954, ch. 736 Amended · 5 Acts · From 1939 Code § 22(b)(8) · § 116(j), (k)

Connections Cited by 1 · Cites 1
§ 1.912-1 Exclusion of certain cost-of-living allowances.§ 1.912-2 Exclusion of certain allowances of Foreign Service personnel.
Amended 1960
  • 1960 Pub. L. 86-707 Pub. L. 86–707 exempted foreign areas allowances received under section 4 of the Central Intelligence Agency Act of 1949, title II of the Overseas Differentials and Allowances Act, subsection (e) or (f) of the first section of the Administrative Expenses Act of 1946, or section 22 of such Act, provided that amounts received as post differentials shall not be exempt and in provisions relating to cost-of-living allowances excluded Alaska from term “continental United States” and amounts received under title II of the Overseas Differentials and Allowances Act.

The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle:

(1) Foreign areas allowances In the case of civilian officers and employees of the Government of the United States, amounts received as allowances or otherwise (but not amounts received as post differentials) under—

Cited by 2

    (A) chapter 9 of title I of the Foreign Service Act of 1980,

    Amended 1980
    • 1980 Pub. L. 96-465 Pub. L. 96–465 substituted reference to chapter 9 of title I of the Foreign Service Act of 1980 for reference to title IX of the Foreign Service Act of 1946.

    (B) section 4 of the Central Intelligence Agency Act of 1949, as amended (50 U.S.C. 3505),

    Amended 2018
    • 2018 Pub. L. 115-141 Pub. L. 115–141 substituted “(50 U.S.C. 3505)” for “(50 U.S.C., sec. 403e)”.

    (C) title II of the Overseas Differentials and Allowances Act, or

    (D) subsection (e) or (f) of the first section of the Administrative Expenses Act of 1946, as amended, or section 22 of such Act.

    (2) Cost-of-living allowances In the case of civilian officers or employees of the Government of the United States stationed outside the continental United States (other than Alaska), amounts (other than amounts received under title II of the Overseas Differentials and Allowances Act) received as cost-of-living allowances in accordance with regulations approved by the President (or in the case of judicial officers or employees of the United States, in accordance with rules similar to such regulations).

    Amended 1988
    • 1988 Pub. L. 100-647 Pub. L. 100–647 inserted “(or in the case of judicial officers or employees of the United States, in accordance with rules similar to such regulations)” after “President”.

    Cases: Grauvogel v. Commissioner, 768 F.2d 1087 (9th Cir. 1985)

    (3) Peace Corps allowances In the case of an individual who is a volunteer or volunteer leader within the meaning of the Peace Corps Act and members of his family, amounts received as allowances under section 5 or 6 of the Peace Corps Act other than amounts received as—

    Amended 1961

    (A) termination payments under section 5(c) or section 6(1) of such Act,

    (B) leave allowances,

    (C) if such individual is a volunteer leader training in the United States, allowances to members of his family, and

    (D) such portion of living allowances as the President may determine under the Peace Corps Act as constituting basic compensation.