Out of State Government Pension KY-OH

Technical topics regarding tax preparation.
#1
Gjkycpa  
Posts:
237
Joined:
29-Apr-2014 1:53pm
Location:
Corbin, KY
I have a client who has been receiving a pension from the Ohio Public Retirement System for many, many years.
He is a resident of the state of KY, and we have always excluded that from his KY returns for all of those years. KY is now saying that it is taxable income for KY. We have taken the stance that "one state cannot tax another states retirement income if it is State Government Retirement Income". I believe this goes back to a Federal Law from 1995. However, I am just going by memory and can't seem to find anything definitive on that.

Does anyone recall that provision?

Thanks
 

#2
sjrcpa  
Posts:
6563
Joined:
23-Apr-2014 5:27pm
Location:
Maryland
Davis decision I think.
And it was more like: a state cannot tax pension income of a nonresident.
I think KY is correct, unless they have a subtraction for pension income.
Last edited by sjrcpa on 26-Jan-2023 7:53pm, edited 1 time in total.
 

#3
HowardS  
Posts:
2858
Joined:
21-Apr-2014 3:12pm
Location:
Southern Pines, NC
Retired, no salvage value.
 

#4
JR1  
Posts:
6121
Joined:
21-Apr-2014 9:31am
Location:
Western 'burbs of Chicago
But wouldn't OH have a claim on the sourced income?
Go Blackhawks! Go Pack Go!
Remembering our son, Ben Jan 22, 1992 to Aug 26, 2011.
For FB'ers: https://www.facebook.com/groups/BenRoberts/
 

#5
HowardS  
Posts:
2858
Joined:
21-Apr-2014 3:12pm
Location:
Southern Pines, NC
‘‘(a) No State may impose an income tax on any retirement
income of an individual who is not a resident or domiciliary of
such State (as determined under the laws of such State).
Retired, no salvage value.
 

#6
Spock  
Posts:
69
Joined:
13-Jul-2021 4:31pm
Location:
United States
I would report this as income to KY and take an appropriate deduction on KY Sched. M up to the limits for the retirement income exclusion for the year.

If they haven't already done so, they will likely assess all open years.
 


Return to Taxation



Who is online

Users browsing this forum: Google Adsense [Bot], SlipperyPencil, UnlicensedTaxPro and 127 guests