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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13626
Experience:  15years with H & R Block. Divisional leader, Instructor
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I WORKED NYSP AND RECEIVED LINE OF DUTY INJURIES RESULTING

Customer Question

I WORKED FOR THE NYSP AND RECEIVED LINE OF DUTY INJURIES RESULTING FROM 911. MY MORTGAGE BROKER TELLS ME I NEED A LETTER EXPLAINING WHY I DO NOT PAY INCOME TAXES FROM MY PENSION, SOCIAL SECURITY, AND WORKMENS COMP. IS THERE A LAW OR RULING I CAN SHOW THEM.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

Payments under a statute in the nature of a workers' compensation law are not sick pay and are not subject to employment taxes. Regulations section 31.3121(a)(2)-1

State and local government employees, such as police officers and firefighters, sometimes receive payments due to an injury in the line of duty under a statute that is not the general workers' compensation law of a state. If the statute limits benefits to work-related injuries or sickness and does not base payments on the employee's age, length of service, or prior contributions, the statute is "in the nature of" a workers' compensation law.

IRC Section 1.104-1(b) of the Income Tax Regulations states that section 104(a)(1) excludes from gross income amounts that are received by an employee under a workmen's compensation act or under a statute in the nature of a workmen's compensation act that provides compensation to employees for personal injuries or sickness incurred in the course of employment.

Section 104(a)(1) also applies to compensation which is paid under a workmen's compensation act to the survivor or survivors of a deceased employee.

Section 104(a)(1) does not apply to a retirement pension or annuity to the extent that it is determined by reference to the employee's age or length of service, or the employee's prior contributions, even though the employee's retirement is occasioned by an occupational injury or sickness.

Social Security is not taxable unless the person's income plus half the Social Security is over the SSA Base amount for their filing status.

You can also use the following

https://www.irs.gov/pub/irs-pdf/p3920.pdf

The above publication covers terrorist attacks and taxable amounts.

Expert:  Robin D. replied 1 year ago.

If my answer addressed your question please rate below or above (let me know if you have difficulty as I believe the system changed), if you need more information reply below.

Expert:  Robin D. replied 1 year ago.

Please advise if you need more information or rating in a positive way is acceptable.