# § 134. Certain military benefits
**(a)** **General rule** Gross income shall not include any qualified military benefit.
**(b)** **Qualified military benefit** For purposes of this section—
**(1)** **In general** The term “qualified military benefit” means any allowance or in-kind benefit (other than personal use of a vehicle) which—
**(A)** is received by any member or former member of the uniformed services of the United States or any dependent of such member by reason of such member’s status or service as a member of such uniformed services, and
**(B)** was excludable from gross income on September 9, 1986, under any provision of law, regulation, or administrative practice which was in effect on such date (other than a provision of this title).
**(2)** **No other benefit to be excludable except as provided by this title** Notwithstanding any other provision of law, no benefit shall be treated as a qualified military benefit unless such benefit—
**(A)** is a benefit described in paragraph (1), or
**(B)** is excludable from gross income under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act.
**(3)** **Limitations on modifications**
**(A)** **In general** September 9, 1986
Except as provided in subparagraphs (B) and (C) and paragraphs (4) and (5), no modification or adjustment of any qualified military benefit after , shall be taken into account.
**(B)** **Exception for certain adjustments to cash benefits** Subparagraph (A) shall not apply to any adjustment to any qualified military benefit payable in cash which—
**(i)** is pursuant to a provision of law or regulation (as in effect on September 9, 1986), and
**(ii)** is determined by reference to any fluctuation in cost, price, currency, or other similar index.
**(C)** **Exception for death gratuity adjustments made by law** September 9, 1986
Subparagraph (A) shall not apply to any adjustment to the amount of death gratuity payable under chapter 75 of title 10, United States Code, which is pursuant to a provision of law enacted after .
**(4)** **Clarification of certain benefits** For purposes of paragraph (1), such term includes any dependent care assistance program (as in effect on the date of the enactment of this paragraph) for any individual described in paragraph (1)(A).
**(5)** **Travel benefits under operation hero miles** section 2613 of title 10
The term “qualified military benefit” includes a travel benefit provided under , United States Code (as in effect on the date of the enactment of this paragraph).
**(6)** **Certain State payments** The term “qualified military benefit” includes any bonus payment by a State or political subdivision thereof to any member or former member of the uniformed services of the United States or any dependent of such member only by reason of such member’s service in a combat zone (as defined in section 112(c)(2), determined without regard to the parenthetical).
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**Source Credit**: (Added Pub. L. 99–514, title XI, § 1168(a), Oct. 22, 1986, 100 Stat. 2512; amended Pub. L. 100–647, title I, § 1011B(f)(1), (2)(A), (3), Nov. 10, 1988, 102 Stat. 3489, 3490; Pub. L. 108–121, title I, §§ 102(b)(1), (2), 106(a), (b)(1), Nov. 11, 2003, 117 Stat. 1337–1339; Pub. L. 108–375, div. A, title V, § 585(b)(1), (2)(A), Oct. 28, 2004, 118 Stat. 1931, 1932; Pub. L. 110–245, title I, § 112(a), June 17, 2008, 122 Stat. 1635; Pub. L. 115–141, div. U, title IV, § 401(a)(39), Mar. 23, 2018, 132 Stat. 1186.)
## Editorial Notes
### References in Text
The date of the enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of , which was approved .
The date of the enactment of this paragraph, referred to in subsec. (b)(5), is the date of enactment of , which was approved .
### Prior Provisions
A prior section 134 was renumbered .
### Amendments
2018—Subsec. (b)(6). substituted “a combat” for “an combat”.
2008—Subsec. (b)(6). added par. (6).
2004—Subsec. (b)(3)(A). , substituted “paragraphs (4) and (5)” for “paragraph (4)”.
Subsec. (b)(5). , added par. (5).
2003—Subsec. (b)(3)(A). , inserted “and paragraph (4)” after “subparagraphs (B) and (C)”.
, substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.
Subsec. (b)(3)(C). , added subpar. (C).
Subsec. (b)(4). , added par. (4).
1988—Subsec. (b)(1). , inserted “(other than personal use of a vehicle)” after “in-kind benefit” in introductory text.
Subsec. (b)(1)(B). , substituted “, regulation, or administrative practice” for “or regulation thereunder”.
Subsec. (b)(3)(A). , struck out “under any provision of law or regulation described in paragraph (1)” after “,”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2008 Amendment
> “The amendment made by this section [amending this section] shall apply to payments made before, on, or after the date of the enactment of this Act [
>
> ].”
, , , provided that:
### Effective Date of 2004 Amendment
> “The amendments made by this subsection [amending this section and sections 3121, 3306, and 3401 of this title] shall apply to travel benefits provided after the date of the enactment of this Act [
>
> ].”
, , , provided that:
### Effective Date of 2003 Amendment
> “The amendments made by this subsection [amending this section] shall apply with respect to deaths occurring after
>
> .”
, , , provided that:
> “The amendments made by this section [amending this section and sections 3121, 3306, and 3401 of this title] shall apply to taxable years beginning after
>
> .”
, , , provided that:
### Effective Date of 1988 Amendment
> “The amendment made by subparagraph (A) [amending this section] shall apply to taxable years beginning after
>
> .”
, , , provided that:
Amendment by section 1011B(f)(1), (3) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
### Effective Date
> “The amendments made by this section [enacting this section] shall apply to taxable years beginning after
>
> .”
, , , as amended by , , , provided that:
### No Inference To Be Drawn From Amendment by Pub. L. 108–121
> “No inference may be drawn from the amendments made by this section [amending this section and sections 3121, 3306, and 3401 of this title] with respect to the tax treatment of any amounts under the program described in section 134(b)(4) of the Internal Revenue Code of 1986 (as added by this section) for any taxable year beginning before
>
> .”
, , , provided that: