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Does Pennsylvania tax military retirement?

Does Pennsylvania Tax Military Retirement?

Serving in the military requires immense dedication and sacrifice. Veterans who have earned military retirement benefits have earned them for their hard work and loyalty. However, a common question that often arises is: do states tax military retirement?

In this article, we will delve into the nuances of Pennsylvania state taxation policies regarding military retirement benefits, providing a clear understanding for veterans and military families planning their financial futures.

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Answering the Question: Does Pennsylvania Tax Military Retirement?

_Military Retirement Benefits: Federal-Tax Exemption**

One crucial aspect to understand is that military retirement benefits received from the Federal government, such as Veterans’ benefits, are federally tax-free. This is explicitly outlined in the U.S. Code, 10 USC § 852(20). This federal exemption specifically covers:

  • Retiree pay, including service-connected disability pensions
  • Survivor benefits for deceased servicemembers’ spouses
  • Dependent Indemnity Compensation ( DIC) for widows

**Pennsylvania Specific Taxation Rules for Military Retirement Benefits

However, when it comes to pension benefits received from non- federal sources, such as state or private sources (e.g., Social Security), Pennsylvania may have their own taxation policies.

From a Pennsylvania tax perspective:

  • Residency determines taxation: The Commonwealth only taxes military retirement benefits paid to residents who claim PA as their domicile or spend more than 183 days in the state annually (PA Statutes 32 P.S. §6022).
  • Sources of income influence taxation: Pennsylvania taxes all types of retirement income, including income from non-VA benefits, such as private annuities or 403(b) plans. A portion of the non-Federal retirement benefits is also subject to federal taxes and may be state taxable if the individual claims Pennsylvania residency.

Prioritizing the Unique Status of Military Veterans in PA

Acknowledging the dedicated service rendered by military personnel, Pennsylvania takes measures to alleviate the financial burden associated with taxation. Relevant provisions include:

  • Military Pension Credit: Effective January 2013, Pennsylvania introduced a tax reduction for military retirement pay within the state tax system, providing a gradual tax abatement. Tax-free income applies for an increasing portion of retirement benefits, with up to $6,300 being eligible for complete tax exemption under the Military Pension Credit starting in 2023. (PA Statutes, 72 P.S. § 9107-b)
  • Homegrown Heroes Tax Credit: Offered by the PA Property Tax/Rent Rebate Program, $ 250 in rent rebate eligibility is awarded annually, helping military families, first responders, and severely disabled individuals, further lowering their tax liability (65 P.S. §1204).

T axation of Survivor Benefits under PA Law

It’s essential to address survivor benefit taxation, particularly when exploring the potential financial impact for families. When a retiree passes away, some survivor benefits (like federal DIC) become subject to Pennsylvania state income tax if the beneficiary (spouse or dependent child) files a PA resident income tax return.

  • DIC taxation: Only 6% of DIC (Compensation and Pensions Survivor Benefits) paid by the Department of Veterans Affairs is subject to state and local taxes.
  • Private annuities taxation: Survivor benefits received through private annuity payments made by insurance companies may not be subject to tax, depending on the nature of the arrangement. Careful examination of each annuity contract is required.

To better understand these intricacies, we can examine Table 1, illustrating possible scenarios for tax liability with regards to Pennsylvania:

Benefits SourcePennsylvania Taxation (State-wide)Federal Taxation
Military Retirement (VA-based)Non-taxableFederally exempt (federally tax-free)
Military Retirement (Private Source or Non-VA-based)Subject to Pennsylvania Income TaxMay be federally taxable, with specific tax implications (referenced in this article)
DICSubject to state tax on 6%Federally exempt (federally tax-free)

Conclude and Plan with Clarity

In Pennsylvania, some military retirement benefits receive varying levels of state and local taxation. A careful exploration of the complexities above serves as a comprehensive guide. Veterans, including those receiving PA-claiming residency can understand the taxation policies for retirement benefits and strategize more effectively for financial security:

  • Maximize Tax-Free Income: Focus on utilizing the military pension credit and homegrown heroes program to minimize taxation
  • Consult Professionals: Secure expert advice to determine personal tax implications related to each specific benefit (DIC, private annuity, social security, and military retiree pay)
  • Prioritize Family Considerations: Consider factors affecting benefit distribution, particularly with the potential for federal tax impact on survivor benefits

Military personnel and veterans alike strive for financial clarity when embarking on life transitions following their service. Pennsylvania authorities have implemented specific taxation adjustments to alleviate burdens and account for the dedication displayed during military service.

Remembering the sacrifices and heroism of those serving the armed forces, this exploration of Pennsylvania tax implications demonstrates the state’s willingness to support military veterans, who have earned recognition for their unwavering commitment and service.

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