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Level 2
posted Jan 18, 2024 2:26:08 PM

2023 SECURES ACT 2.0 LEO deduction for $3000.00

I am a retired police officer, taking a regular pension in 2023 that is taxed. I believe I qualify under the 2023 SECURES ACT 2.0 to take a $3000.00 deduction based on health care costs I paid. I did not see where the TurboTax 2023 platform provides a place to take the deduction. This act corrected things for retired public safety employees to use this deduction when the premiums or not taken directly from their pensions but rather paid directly by the pensioner.  I do not see where TurboTax 2023 product allows the option to take this $3K deduction.  

Any assistance to utilize this deduction would be appreciated. Mark J

 

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3 Replies
Level 15
Jan 18, 2024 2:34:51 PM
Level 2
Jan 18, 2024 2:43:30 PM

Section 328 of the SECURE Act 2.0, now Division T of Public Law 117-328, modified the direct payment requirement under HELPS by making it optional and created an alternative to the direct payment method, namely allowing the retirement plan to make the distribution to the retired public safety officer. The retiree could then make the premium payment to the provider and remain eligible for the tax exclusion. This change is effective for distributions made after the date of enactment of the SECURE Act 2.0, which was December 29, 2022.
 
The SECURE Act 2.0 also provided that, in cases where the distribution is made to the retiree, the retiree must include with their tax return an attestation that the amount sought to be excluded from the pension distribution does not exceed the amount paid by the employee for qualified health insurance premiums for the taxable year. 

 

It appears this changed?

Expert Alumni
Jan 19, 2024 3:43:28 PM

You take this exclusion in the 1099-R interview. Please see my answer done this last week to see if it helps you.