Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 2/4/2009 6:45:19 PM EST
[Last Edit: Neo1130]
DISCLAIMER:  I am not responsible for any legal or financial problems that may occur from the listed issue.  I am NOT a tax expert nor am I a military finance expert.  I am just a disabled veteran out there that has been through this process.  However, if you would like any help I am willing to do what I can to assist you and get you on the right track.



The purpose of this post, is to inform those veterans which were awarded with a MILITARY disability percentage of 30% or less and received a severance pay for those disabilities, of a possible return of taxes from the severance pay.  You must be awarded with a VA disability rating for the taxes to be returned.  Also the disability must be service connected or aggravated by your service which will be designated on your MEB rulings under 10a, b or c.  One of those boxes must be checked.

So, upon discharge after going through a medical evaluation board, you find out that that nice lump sum, which was calculated by your BASE PAY x 2 x # years served, was taxed at a whopping 28%!

*Lets just say you were an E-6 with 10 years service, at time of discharge in 2008.  2,930.40 x 2 x 10 = $58,608 x 28% = $16,410.24
$16,410.24 of YOUR money!

Now, the reason that DFAS taxes your money, is because technically it is NOT a disability payment, yet...  Therefore, it is taxed at the regular severance pay tax rate.  In order for the money to become tax-free, you must have a VA rating for the same disability in which you got the medical boot for...  Example...  If you got a 20% rating from the military for a back problem and were then awarded 20% or more for the same disability from the VA, you qualify.  This is all under 26 U.S.C. § 104.  The US code says that any pay received for disability is tax free.

There are TWO ways to get your money back, but you must make sure you use the right one...

1.  You can get the money back from DFAS if you act in time.  You do this by calling the Separation and Reenlistment Division at DSN 699-7731/7027/6129/6142 or commercial 317-510-7731/7027/6129/6142.  However, this can ONLY be done before 31 December in the year you receive the severance payment, but no sooner than 20 business days of receiving payment.  After December 31, the taxed money goes to the IRS, so you must use option number 2.

2.  If you did not meet the deadline in the above option, then you must request the tax money back from the IRS.  Depending on whether or not you want to use a professional tax service or do your taxes yourself, I will let you know how to go about both....  (You have three years to claim this money back from date of severance pay receipt, or else I am sorry to say, you're screwed.)

Paperwork you will need for either option.

· Individual Federal Tax Return for the year in which you received your severance pay (N/A if this is the first tax filing since getting the severance pay)
· Original IRS Form W-2 (some say you can get a corrected W-2 from DFAS, but that is false)
· VA award documentation
· Separation orders
· DD Form 214 stating your severance pay amount before taxes

You will either give a copy of these papers to the tax professionals or send copies with your return to the IRS.

· If having a tax professional prepare your taxes, if they are unsure, ask them to go to their "Other Income" menu and if it is a quality service, they *SHOULD* have an option for Disability Severance Pay.  If not, make sure they input the severance pay amount so it will show as a NEGATIVE number on your 1040.

· If doing the taxes yourself, on the line under your income, there will be a line that you can input "Other Income" and should be towards the bottom of the income section.  You will write in the number of your severance pay in parentheses.  Sample from above: (16,410.24)  That will tell the IRS that you are subtracting that amount from your income.  You MUST send in the supporting documentation listed above, with your return.

One last part...  I would send some sort letter to the IRS explaining what you are doing.  I will provide my example below.



February XX, 20XX

TO:  IRS
       ADDRESS IF AVAILABLE

FROM:  YOUR NAME - SSN
            ADDRESS HERE
            CITY, STATE, ZIP

SUBJECT:  MILITARY SEVERANCE PAY REFUND OF TAXES


Dear Sir/Ma’am:

I was medically discharged from the (Branch of Service), on (DISCHARGE DATE), under honorable conditions.  I was awarded severance pay in the amount of $xx,xxx.xx, which was taxed at twenty-eight percent (28%).  I have now received a disability rating from the Veterans Affairs (VA) for the same disability for which the Air Force compensated me.

Under the provisions of 26 U.S.C. § 104(a)(4), and 26 U.S.C. § 104(b)(2) (D), as interpreted by the District Court in St. Clair vs. United States, disability severance payments are amounts received for personal injury(ies) and are thus excludable from taxable income.  Therefore, I request a refund of taxes withheld in year 2008, the year in which I received my severance pay.

I am submitting the following documentation to demonstrate that I am eligible for a refund of all taxes withheld.  

•Individual Federal Tax Return for the year 2008 (year that severance pay was received)
•Original IRS Form W-2
•Separation orders
•DD Form 214
•VA award documentation

Please contact me if you require any further information. My current phone number is (xxx) xxx-xxx. I currently reside at the address listed above.

Your prompt attention to this request is appreciated.

Sincerely,

Your Name Here
Link Posted: 9/26/2010 3:54:50 AM EST
[#1]
TAG... for future trip down this road!
Link Posted: 12/15/2010 2:30:49 PM EST
[#2]
Went through that bullshit back in 2001. It was a pain in the ass but got all my money back.
Link Posted: 8/9/2011 8:44:01 PM EST
[#3]
I would have to go back to my 1985 return to get the tax refund.   I am not optimistic.
Link Posted: 8/23/2012 5:23:19 PM EST
[#4]
Wish I had known this in 05, when I got my check.  The V.A. rated me at 40% in 06, 60% in 08, and finally 100% in 09.  When does the 3 year mark end, 3 years after the check or 3 years after your final rating?
Link Posted: 12/26/2012 9:29:54 PM EST
[#5]
When I got out back in 96, the finance office at Fort Irwin gave me a copy of a court case where a service member sued to get the taxes on his medical severance pay refunded. All I had to do was submit that with my tax returns and got all of it back. I don't remember the exact court case anymore.
Link Posted: 1/16/2013 5:51:40 PM EST
[#6]
Man I wish I had this info back in '06. I was double dipped on my severance pay. I was Sgt. in the Marine Corps when I was separated back in '06 at %20 after being injured in Iraq and have my lower spine fused L4-S1. My severance was something like $16,000.00 and was taxed for $4480.00 so I only saw around $11,000 of it. When I filed for taxes they refused to refund any of the money I was taxed on and the CPA that did my taxes had no idea what to do. EVEN THOUGH, they withheld all of my VA disability checks until the full $16,000 was paid back in full. So I received $11,000, but had to pay back $16,000 and never saw any of it returned....man, 7 years later and I'm still pissed off about it.
Link Posted: 2/3/2013 10:16:25 PM EST
[Last Edit: NMB2] [#7]
Nobody told me I could get the tax for my severance back like they supposedly were supposed to.

Just went through this last week after filing taxes and thinking this was a fucked up system.

My ETS was 13OCT12, I was medboarded as an E5 @ 30%.. so I paid like 5k in tax.

If you submit your DA199, VA Award, dd214 member 4 copy, and sep orders.  Fax it to DFAS @ 317-275-0248

Now, if I would of submitted this before 31Dec12 (same calender year) DFAS will refund you via direct deposit.  Beings I waited til after then, and DFAS already gave the money to the IRS, you still submit like I said, but you will get a corrected W2 through mypay, for you to submit to the IRS yourself.

Hope this helps.
Link Posted: 9/2/2014 10:16:46 AM EST
[#8]
UPDATED PROCESS: 2014

Did you separate the Military in the last year under Medical separation (MEB) and received a severance check that was taxes at 28%? I recently discovered the most recent process for getting your TAXES back to you and its not through the IRS.

http://www.dfas.mil/debtandclaims/submitclaim.html

Here is a link to the DFAS site that explains the process, provides the forms and the information that is required.

I have overnighted the forms and emailed the forms as of 1 Sept 2014, I will keep the group posted on my experience and timeline of repayment.
Link Posted: 1/15/2015 11:26:33 AM EST
[#9]
Anyone have any updates to this? I mailed mine in October and then again at the beginning of December. Haven't heard anything back. The numbers all listed for this department aren't correct anymore, and I can't get the automated system to let me talk to a person to request this department. Does anyone have any updated contact info?
Link Posted: 2/25/2015 9:24:19 PM EST
[#10]
Finally heard back from them this month. They issued a corrected W2 for me to get the taxes back so all should be good now. It only took them 5 months to get back to me.
Link Posted: 4/25/2017 1:44:31 AM EST
[Last Edit: Gixxer789] [#11]
http://www.military.com/benefits/2017/01/03/severance-pay-taxes-incorrectly-withheld-by-dod.html#.WP4GINUW6f8.facebook

Here is a new link for those who have not received their taxes back from a MEB severance pay. Just an update that has happened within the last 6 months!
Link Posted: 4/25/2017 1:54:39 AM EST
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gixxer789:
http://www.military.com/benefits/2017/01/03/severance-pay-taxes-incorrectly-withheld-by-dod.html#.WP4GINUW6f8.facebook

Here is a new link for those who have not received their taxes back from a MED severance pay. Just an update that has happened within the last 6 months!
View Quote
Link Posted: 6/28/2017 6:43:00 AM EST
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gixxer789:
http://www.military.com/benefits/2017/01/03/severance-pay-taxes-incorrectly-withheld-by-dod.html#.WP4GINUW6f8.facebook

Here is a new link for those who have not received their taxes back from a MEB severance pay. Just an update that has happened within the last 6 months!
View Quote
Has anyone here attempted to go through this process yet?  The reason I ask is that I just found out about this a day or so ago and I was medically separated and taxed in mid/late 2012, yet I have not been contacted about it by the DoD as the article claims should be happening.  I would like to find out for sure if I qualify for this, and if so begin the process.
Link Posted: 9/16/2017 11:06:21 PM EST
[#14]
Hoping someone can help me!

I filed all the supporting documentation along with my tax return for tax year 2016.

I received $23,820.00 from my Disability Severence Pay, and that was the amount I received AFTER my $7,146.00 was taken out for taxes.

The IRS is now requesting that I fill out a 1040X and saying I should have received a form 1099.

I'm not sure what else I need to do at this point as I've provided all necessary documented information.

Ive tried contacting the IRS multiple times, but as it's not tax season, it's like pulling teeth trying to get any information, or better yet, even reaching a living human being that I can at least talk to.
Link Posted: 1/1/2018 6:58:43 AM EST
[#15]
Followed instructions in OP. Sent all to IRS.  They responded 5 months later confused about what I was wanting, no shit. Got tired of playing phone tag and trying to resolve that bullshit.  This was a year ago, before the "Severance Pay Taxes Incorrectly Withheld Must Now Be Refunded" that was pushed through.

Never received the notification letter in regards to this  "The DOD has one year to notify affected veterans or their survivors of how much money was wrongly withheld from the severance pay, and it must provide instructions on how to file an amended tax return to receive a refund."

From what it looks like in this thread, I'm not the only one.   But has anyone had any luck? Update?

Should I seek professional tax help? does the VA offer any tax assistance to help recoup this money?

Been a long 3 year fight on trying to get this money back.
Link Posted: 7/18/2018 7:50:10 PM EST
[#16]
Got my letter yesterday, I'm due a refund.
No tax records from over 20 years ago, so I will have to take the default amount.
I'll file in the next few days and see what happens.
Link Posted: 7/30/2018 3:27:38 PM EST
[#17]
I received my letter and filled out the 1040X. I am hoping I put all the right numbers in.
My question is if this is not taxable by the federal government, does anyone know if we should get our taxes back from the state too?
Link Posted: 10/1/2021 7:26:35 PM EST
[#18]
while I do believe this was rectified by President Trump, I had to do this back in 2012 when I got out. My total payout was around $86,000 but DFAS held back $20,000, You had to follow these instructions to the letter and in my case, call DFAS. When I called DFAS, it was like they were quizzing me to see if I knew the federal codes and regulations that stated I was due to receive them back. At the time I knew each and every one of them by heart and once I answered the lady on the phone, she didn't hesitate when she let me know the reimbursement was going out by noon the next day. You had to follow these instructions by the letter and if you didn't they would bounce you in a heart beat. I do believe AR15.com was the only forum I ever found with this information posted.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top