Section 701.40.76. Exemption of active duty pay for armed forces, armed forces military reserve, or the national guard.

For tax years beginning on or after January 1, 2011, all pay received from the federal government for military service performed while on active duty status in the armed forces, armed forces military reserve, or the national guard is excluded to the extent the pay was included in federal adjusted gross income.

        40.76(1) Definition of active duty personnel. Active duty personnel who qualify for the exclusion include the following:

            a.               Active duty members of the regular armed forces, which include the Army, Navy, Marines, Air Force and Coast Guard of the United States.

            b.               Members of a reserve component of the Army, Navy, Marines, Air Force and Coast Guard who are on an active duty status as defined in Title 10 of the United States Code.

            c.               Members of the national guard who are in an active duty status as defined in Title 10 of the United States Code.

         40.76(2) Military personnel who do not qualify for the exclusion include the following:

            a.               Members of a reserve component of the Army, Navy, Marines, Air Force and Coast Guard who are not in an active duty status as defined in Title 10 of the United States Code.

            b.               Full-time members of the national guard who perform duties in accordance with Title 32 of the United States Code.

            c.               Other members of the national guard who are not in an active duty status as defined in Title 10 of the United States Code.

            d.               Other members of the national guard who do not receive pay from the federal government.

         40.76(3) Income from nonmilitary activities. Any wages earned from nonmilitary wages for personal services conducted in Iowa by both residents and nonresidents of Iowa will still be subject to Iowa individual income tax. In addition, both residents and nonresidents of Iowa who earn income from businesses, trades, professions or occupations operated in Iowa that are unrelated to military activity will be subject to Iowa individual income tax on that income.

         40.76(4) Exemption from Iowa withholding. Active duty personnel meeting the requirements of subrule 40.76(1) who are receiving pay from the federal government on or after January 1, 2011, that is exempt from Iowa individual income tax may complete an IA W-4 Employee Withholding Allowance Certificate and claim exemption from Iowa income tax for active duty pay received from the federal government.

This rule is intended to implement Iowa Code section 422.7 as amended by 2011 Iowa Acts, House File 652.

[ARC 9822B, IAB 11/2/11, effective 12/7/11]