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Question

I moved from Pa to South Carolina in 2008. In Pa I deferred part of my base salary in to a rabi trust (fully funded) and although I did not pay any federal taxes I paid Pa income taxes on the amount deferred. I can withdraw from my deferred income upon claiming retirement. Since I already paid Pa income taxes will I be exempt from SC taxes since the income was earned years ago?

Submitted: 66 days and 7 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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Posted by Merlo 66 days and 4 hours ago.

Info Request

Why was this deferred income subject to PA state tax if it was exempt from federal tax?



65 days and 11 hours ago.

Reply

The state of Pa does not recognize deferred income since it was earned in the year I worked so my federal taxable income was lower than my Pa state taxable income.

Posted by Merlo 65 days and 10 hours ago.

Info Request

Thank you for the additional information.

I will put your question back on the open board to see if someone here can help you with this question.

Accepted Answer

HI XXXXXXXXX

Thank you for using justanswer. You may deduct up to $10,000 in retirement income after age 65 (up to $3000 before age 65) on your SC individual income tax return. (SECTION 12-6-1170)

If you plan on taking a distribution larger than $10,000, and you have your old tax returns from PA showing that you already paid tax on this money to PA, then there is a credit that you may claim over your lifetime. See Below:


SECTION 12-6-3500. Retirement plan credits.

If the right to receive retirement income by a taxpayer allowed the deduction pursuant to Section 12-6-1170 was earned by the taxpayer while residing in another state which imposed state income tax on the employee's contributions, a credit is allowed against the taxpayer's South Carolina income tax liability in an amount sufficient to offset the taxes paid the other state. This credit must be claimed over the taxpayer's lifetime. The department shall prescribe the amount of the annual credit based on the taxpayer's life expectancy at the time the taxpayer first claims the retirement income deduction pursuant to Section 12-6-1170, and may require the documentation it determines necessary to verify the amount of income tax paid the other state on the contributions. Regardless of the tax rates applicable on the contributions in the other state, the total of the credit allowed may not exceed an amount determined by multiplying the contributions taxed in each year by the marginal South Carolina individual income tax rate for that year.


I have linked you to the SC tax code:

S.C. Code of Laws Title 12 Chapter 6 South Carolina Income Tax Act ...

Sometimes the links don't work, so I'm also giving you the web address that you may copy and paste into your browser:

www.scstatehouse.gov/code/t12c006.htm

Finally, you may want to look at page 23 of the SC Individual income tax instructions:

IIT Book 2006

I hope this helps

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Expert: Anne
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/18/2009

Master Tax Preparer

Enrolled Agent with 20 Years Experience specializing Individual and Small Businesses

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