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conflicting answers to taxation of ASRS retirement benefits

Hello. I began receiving pension benefits from the Arizona State Retirement System (ASRS) in Sep 2020. That same month, I moved from Arizona and became a resident of South Dakota. I did file  a partial-year return for AZ in 2020 and paid taxes on my pension income for tax year 2020.

My question is tax year 2021 and beyond. As a full-time resident of South Dakota now, it's my understanding that my ASRS pension income is not taxable in Arizona because I'm no longer a resident. This is backed up by the following statement posted on the ASRS website here which reads (in part):

"In 1989, the Arizona Legislature passed a bill which mandates the taxation of retirees’ pensions for the year of 1989 and thereafter. Retirees living in Arizona are required to pay Arizona state income taxes on any taxable distribution from the ASRS over $2,500 per year. Retirees living in other states are not required to pay Arizona state tax and the ASRS cannot withhold for any other state’s income tax liability."

 

However, when I call the AZ Department of Revenue, they state that 100% of my ASRS pension income is taxable (minus any standard deduction) and tell me to reference their Form 140NR which states:

"To see if you have to file, figure your gross income the same as you would figure your gross income for federal income tax purposes. Then you should exclude income that Arizona law does not tax. Income that Arizona law does not tax includes:

  • interest from U.S. Government obligations;
  • social security retirement benefits received under Title II of the Social Security Act;
  • benefits received under the Railroad Retirement Act, tier 1 or tier 2 railroad retirement benefits, railroad disability benefits reported on federal forms RRB-1099 and RRB1099-R, railroad unemployment benefits and railroad sickness payments paid by the Railroad Retirement Board;
  • pay received for active service as a member of the Reserves, National Guard, or the U.S. Armed Forces;
  • or benefits, annuities and pensions as retired or retainer pay of the uniformed services of the United States."

As you can see, the info provided in the AZ Form 140NR does not specifically list state retirement pensions as excluded from nonresident taxation.

Can someone please provide some clarification on how my ASRS pension benefits are to be taxed and by whom? 

Thank you in advance for your time and input! 👍

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5 Replies

conflicting answers to taxation of ASRS retirement benefits

Perhaps @dmertz can answer this

conflicting answers to taxation of ASRS retirement benefits

Hi, @tagteam. I appreciate you taking time to read through my lengthy post and your willingness to ping a colleague to see if they might be able to help. Much appreciated! 🙂

conflicting answers to taxation of ASRS retirement benefits

I'm sure dmerz can fully clarify, but I'll poke in anyhow.

 

IF you called AZ and asked again you would likely get a different answer (if you get a different person).   But if you do call again, make sure you let them know you've lived in SD since 2020.

________

Even the AZRS webpage indicates it is not AZ taxable if you are living in another state when you get those funds.

 

"Retirees living in other states are not required to pay Arizona state tax and the ASRS cannot withhold for any other state’s income tax liability."

 

Very Bottom of page at:

Tax Information | Arizona State Retirement System (azasrs.gov)

 

 

 

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
dmertz
Level 15

conflicting answers to taxation of ASRS retirement benefits

The instructions for Form 104NR say:

 

Income from Arizona sources includes the following:
• wages;
• rental income;
• business income;
• the sale of Arizona real estate;
• interest and dividends having a taxable or business situs, in this state; and
• any other income from an Arizona source.

 

I'm not specifically familiar with AZ taxes, but but the source state of retirement income is generally your state of residence, not the state where the retirement plan is established, so I would expect that any retirement income received while a resident of SD would be SD income, not AZ income.  Therefore, if the retirement income is the only income for which you are considering filing an AZ nonresident tax return, I don't think you are required to file Form 104NR.

 

conflicting answers to taxation of ASRS retirement benefits

Hi, @dmertz. I really appreciate you weighing in on this topic and providing this additional information -- it is super helpful. Yes, the income in question is the only AZ income we would be reporting on a Form 140NR. 

 

Again, I appreciate you taking time to help out and provide input. Thanks! 👍

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