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Dump the Disabled Retiree “Back Tax” |
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By Col. Steve Strobridge, USAF-Ret.
Spring 2006 Print
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Most VA disability claims are
resolved in less than a year. But lost paperwork, administrative
errors, and appeals of rejected claims delay thousands of disability
awards for years on end.
The VA disability award is retroactive to the date of the
application — so a good chunk of past retired pay should have been
tax-free. For a refund of back taxes, disabled retirees must file an
amended tax return for each applicable year. Then they run into a
major sore spot: The IRS statute of limitations bars filing amended
returns beyond the past three tax years. VA administrative glitches
and insensitive tax laws cost disabled retirees thousands of dollars
through no fault of their own.
MOAA thinks this unfair situation needs fixing. So the association
drafted proposed legislation and found two supportive House sponsors
— Reps. Sam Farr (D-Calif.) and Mike Bilirakis (R-Fla.).
When this article went to press, we were still seeking a Senate
sponsor. MOAA hopes to have bills introduced soon.
Col. Steve Strobridge, USAF-Ret., director of MOAA government relations
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