Summary of Combat Zone Tax Benefits - DOC

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							                                                        A reenlistment bonus if the voluntary         Definition of Combat Zone
 Summary of Combat Zone                                  extension or reenlistment occurs in a         A combat zone is any area the President of the
      Tax Benefits                                       month you served in a combat zone.            United States designates by Executive Order as
                                                        Pay for accrued leave earned in any           an area in which the U.S. Armed Forces are
                                                         month you served in a combat zone. The        engaging or have engaged in combat. Certain
                                                         DoD must determine that the unused            areas in the Balkans region have been declared
                                                         leave was earned during that period.          by Congress in a Public Law as “Qualified
                                                        Pay received for duties as a member of        Hazardous Duty Areas” or QHDAs, which
                                                         the Armed Forces in clubs, messes, post       have the same tax benefits as combat zones.
                                                         and station theaters, and other non-
                                                         appropriated fund activities. The pay         Designated Combat Zones
                                                         must be earned in a month you served in       Afghanistan, the Persian Gulf area (including
                                                         a combat zone.                                Iraq, Kuwait, Saudi Arabia, Oman, Bahrain,
                                                        Awards for suggestions, inventions, or        Qatar, UAE, as well as the Persian Gulf, Gulfs
If you are a member of the U.S. Armed Forces
                                                         scientific achievements you are entitled      of Aden and Oman, Red Sea, and parts of the
who serves in a combat zone (defined below),
you can exclude certain pay from your income             to because of a submission you made in        Arabian Sea) , and certain areas in the Balkans
when determining your taxes as well as                   a month you served in a combat zone.          region are currently designated as CZs or
postpone certain tax related actions during and         Student loan repayments that are              QHDAs. Specific locations are listed in
following your service in the combat zone. The           attributable to your period of service in a   Publication 3.
following is a summary of combat zone tax                combat zone (provided a full year's
exclusions (CZTE). IRS Publication 3, Armed              service is performed to earn the
                                                         repayment).                                   Serving in a Combat Zone
Forces’ Tax Guide, can provide additional                                                                   Service in a combat zone includes any
information. These rules DO NOT apply to                                                                     periods you are absent from duty
DoD or non-DoD civilian personnel, nor for         One Day = One Month Rule. If you serve in a
                                                                                                             because of sickness, wounds, leave, or
members of the Merchant Marine, Public             combat zone for one or more days in any
                                                                                                             TAD/TDY, unless leave, TAD/TDY
Health Service or other uniformed services.        month, you are entitled to an exclusion for that
                                                                                                             includes the full calendar month.
Coast Guard members do qualify.                    entire month.
                                                                                                            If, as a result of serving in a combat
                                                                                                             zone, a person becomes a prisoner of
What Can be Excluded                               W-2’s. DFAS is charged with accounting for                war or is missing in action, that person is
Enlisted personnel, warrant officers, and          CZTE amounts and reports them to you on                   considered to be serving in the combat
commissioned warrant officers can exclude all      your W-2. The wages shown in box 1 of your                zone so long as he or she keeps that
normally taxable pays from their income during     Form W-2 should not include military pay                  status for military pay purposes.
months of service in a combat zone.                excluded from your income under the combat               You are considered to be serving in a
                                                   zone exclusion provisions. If it does, you will           combat zone if you are either assigned
Commissioned officers can exclude the amount       need to get a corrected Form W-2 from your                on official temporary duty to a combat
of $6867.60 per month of normally taxable          finance office. CZTE amounts are shown on                 zone or you qualify for hostile
pays. This amount is the highest enlisted pay      your W-2 in box 12 as a “Q” amount. You                   fire/imminent danger pay while in a
grade (MCPON’s pay for Navy) plus the $225         cannot exclude as combat pay any wages                    combat zone.
imminent danger or hostile fire pay. Note that     shown in box 1 of Form W-2. The IRS does not             There are special rules for
tax-free allowances (BAH/BAS, etc.) continue       permit “pen and ink” changes to W-2’s! But                hospitalization related to CZ injuries.
to be tax-free for all military personnel and do   you can file a return with the erroneous W-2 to           See Publication 3.
not factor into the officer pay cap exclusion.     get your refund, and then file an amended
Excludable income includes:                        return later when you get a corrected W-2.
      Active duty pay earned in any month
       you served in a combat zone
      Imminent danger/hostile fire pay
Non-Qualifying Presence in Combat                   The duration of this extension can be a bit          Earned Income Tax Credit
Zone                                                complicated to calculate but put simply it is:       Qualification.
The following military service does not qualify               1. The duration of your service in the     Servicemembers who may qualify for the EITC
as service in a combat zone:                        combat zone (or while hospitalized due to            except for the fact that they have little or no
      Presence in a combat zone while on           injuries received in the combat zone); plus          earned income due to the CZ income exclusion,
       leave from a duty station located outside              2. 180 days after you leave the combat     can now make an election on their tax return to
       the combat zone,                             zone; plus                                           consider otherwise excluded pay as taxable
      Passage over or through a combat zone                  3. The number of days that you had to      solely for EITC purposes. The W-2 box 12, Q
       during a trip between 2 points that are      take the action (e.g., file the return) when you     amount is used instead of box 1, gross income.
       outside a combat zone, and                   entered the combat zone.                             This election does not increase taxes owed and
      Presence in a combat zone solely for                    If for example, you entered the           will almost always mean a larger refund.
       your personal convenience.                   combat zone on April 1st, your tax return was
                                                    due on April 15th. But you can add to your time      Special Rules for IRAs, TSP
                                                    in 1. and 2. above the 15 days that you had left
Qualifying Service Outside Combat                                                                        Contributions, and Reserve Personnel.
                                                    to file the return on time. If you entered the
Zone [“In Direct Support”]                          combat zone on December 25th, you can add
                                                                                                         Publication 3 has very helpful information on
Military service outside a combat zone is                                                                combat zone tax benefits related to these topics
                                                    105 days (1 January to 15 April) to the other        and should be consulted early and often.
considered to be performed in a combat zone if:     extension times.
     The service is in direct support of                                                                Reserve personnel receiving compensation
       military operations in the combat zone,                                                           from their civilian employer (“differential
                                                    Publication 3 and the IRS web site have other
       and                                                                                               pay”) in particular need to consult Pub 3 to
                                                    examples.
     The service qualifies you for special                                                              ensure they understand their tax liability.
       military pay for duty subject to hostile     Note: Just because you can extend the filing
       fire or imminent danger.                                                                          Questions regarding combat zone tax benefits
                                                    of your tax return does not make it a good
                                                                                                         can be addressed to your local military tax
                                                    idea! If you are due a refund, Uncle Sam will
“In Direct Support” designation is made by                                                               center, your Unit Tax Advisor, or a JAG legal
                                                    pay you a modest interest rate on returns filed
                                                                                                         assistance attorney. The IRS web page at
DoD and military pay received for this service      under these provisions, but wouldn’t you
will qualify for the combat zone exclusion if                                                            www.IRS.gov also has a wealth of information
                                                    rather have the money now? File when you
the designation is made and only if you receive                                                          for military taxpayers including a very useful
                                                    are able to, rather than waiting until years
IDP or HFP.                                                                                              Q&A section that may address your particular
                                                    later. It will make things much simpler!
                                                                                                         issue.
______________________________________              Signing of Returns.
                                                    The non-military spouse can file a joint return
                                                    without the necessity of the service member’s
     Other Combat Zone Tax                          signature. This can be done by use of an IRS
            Benefits                                power of attorney (Form 2848), a military
Filing and Payment of Taxes Extension.              power of attorney that authorizes tax actions, or
The deadline for filing tax returns, paying         by simply submitting a signed statement
taxes, filing claims for refund, and taking other   indicating that the spouse is currently serving in
                                                                                                         Information contained herein is valid for the 2007
actions with the IRS is automatically extended      a combat zone. These returns can be e-filed, but     tax year. This brochure was prepared by:
if you are serving in a combat zone/QHDA or         the tax preparer will need to attach the power of        Office of the Navy Judge Advocate General,
are considered “in direct support.” These rules     attorney or signed statement to a Form 8453                   Legal Assistance Division (Code 16)
apply to your stateside spouse as well, if you      and send it to IRS.                                           1322 Patterson Avenue, Suite 3000,
will be filing a joint return.                                                                                 Washington Navy Yard, DC 20374-5066

						
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