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CA Income Exclusion for Uniformed Service Retirement and Department of Defense Survivor Benefit Plan

TurboTax is currently asking for Military Retirement Income for the Uniformed Service Retirement exclusion and limiting the total exclusion to lower of qualified income or $20,000.  There are two key issues with this:

 

1) The Uniformed Service Retirement exclusion, under CA Tax Code Section 17132.9 includes uniformed services that are not military, such as commissioned corps of the United State Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Office Corps.  The  exclusion is for Uniformed Services and not limited to Military.

 

2) The exclusions under 17132.9 (Uniformed Services) and 17132.10 (Department of Defense Survivor Benefit Plan) are separate exclusion available to the taxpayer.  They are limited by exclusion and taxpayer, not return -- see CA Sch CA (540) Instructions and the code sections.  Thus, a Taxpayer can have both a Uniformed Services retirement exclusion (limited to $20k) and DOD Survivor Benefit Plan exclusion (limited to $20k).  In that case the taxpayer would need two separate entries for each exclusion.  For a married couple, it could be as high as four exclusions, with each being retired Uniformed Service members and getting annuities from someone else's service under a DOD Survivor Benefit Plan.  Currently, Tubo Tax is combining all of these and limiting them to $20k (at least for single return, not sure if joint return is allowing more).

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1 Reply
DaveF1006
Employee Tax Expert

CA Income Exclusion for Uniformed Service Retirement and Department of Defense Survivor Benefit Plan

It depends. You may enter this as a subtraction in the California state interview in the Any Pension or Annuity Adjustments section of the interview.

 

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