Wisconsin Administrative Code (Last Updated: January 10, 2017) |
Agency Tax. Department of Revenue |
Chapter 3. Income Taxation, Deductions From Gross Income, Exclusions And Exemptions |
Section 3.098. Railroad retirement supplemental annuities.
Latest version.
- Railroad retirement supplemental annuities paid under 45 USC 231m are exempt from the Wisconsin taxable income of their recipients.
History:
Cr.
Register, January, 1977, No. 253
, eff. 2-1-77; am.
Register, July, 1989, No. 403
, eff. 8-1-89.
Note
1) The Railroad Retirement Act of 1974 as amended by P.L. 98-76 (45 USC s. 231m), effective August 12, 1983, provides that:
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"(a) Except as provided in subsection (b) of this section and the Internal Revenue Code of 1954 [26 USCS §§ 1 et seq.], notwithstanding any other law of the United States, or of any State . . . no annuity or supplemental annuity shall be . . . subject to any tax. . . .
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(b) (1) This section shall not operate to exclude the amount of any supplemental annuity paid to an individual under section (2) (b) of this Act [45 USCS § 231a (b)] from income taxable pursuant to Federal income tax provisions of the Internal Revenue Code of 1954 [26 USCS §§ 1 et seq.]"
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2)
45 USCS. s. 231m prohibits states from taxing railroad retirement supplemental annuity payments. Taxpayers may make a modification to federal adjusted gross income to remove this income in computing Wisconsin adjusted gross income.
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This section interprets s.
71.05 (6) (b) 3.
, Stats.
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