Military Tax: Combat Pay, BAH, BAS & VA Benefits

Combat Pay Tax-Free • BAH/BAS Excluded • PCS Moving Deductible • SCRA Tax Protections • VA Disability Excluded
IRC §112IRC §134IRC §134(b)
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Military service members receive numerous tax exclusions that civilians do not. Compensation received while serving in a designated combat zone is excluded from federal income tax. Basic allowance for housing, basic allowance for subsistence, and most other military allowances are excluded from gross income. VA disability benefits are completely tax-free. Moving expenses for permanent change of station orders remain deductible for service members even after TCJA eliminated the moving expense deduction for civilian employees. And service members in combat zones receive extended deadlines for filing returns and paying taxes. Understanding these provisions ensures service members - and their families - are not overpaying federal income tax.

Key Military Tax Exclusions

Combat zone pay (§112): All compensation received by an enlisted member (or warrant officer) while serving in a designated combat zone is excluded from gross income. Officers are limited to the highest enlisted pay plus hostile fire pay. Combat zone designations are made by Presidential Executive Order.

BAH and BAS (§134): Basic allowance for housing and basic allowance for subsistence are qualified military benefits excluded from gross income under §134. These allowances are not included in W-2 Box 1 wages. Similarly excluded: uniform allowances, travel allowances, certain reenlistment bonuses, and ROTC educational allowances.

VA disability compensation: Disability compensation received from the Department of Veterans Affairs is excluded from gross income under §104(a)(4). This includes disability pensions, service-connected disability payments, and dependency and indemnity compensation to surviving spouses and dependents.

Moving Expenses: PCS Orders

The Tax Cuts and Jobs Act suspended the moving expense deduction and the moving expense reimbursement exclusion for most taxpayers from 2018 through 2025. However, TCJA specifically preserved both the deduction (Form 3903) and the exclusion for members of the Armed Forces on active duty who move pursuant to a military order involving a permanent change of station. Under OBBBA, the military moving expense provisions remain in effect. A service member who receives a PCS order and incurs moving expenses can deduct those expenses (or exclude employer/government reimbursements) regardless of the general suspension of the civilian moving expense rules.

SCRA: Servicemembers Civil Relief Act Tax Protections

The Servicemembers Civil Relief Act (SCRA) provides important income tax protections. Under SCRA, a service member's state of domicile for income tax purposes remains the state where they were domiciled when they entered military service - not the state where they are currently stationed. A soldier domiciled in Florida who is stationed in California does not owe California income tax on military compensation. The SCRA protection applies to the service member's compensation but not to civilian income earned in the state of assignment (a service member's spouse who works in California does owe California income tax on those wages).

Military spouses may also claim SCRA income tax protection under the Military Spouses Residency Relief Act (MSRRA). Under MSRRA (as amended by the Veterans Benefits and Transition Act of 2018), a military spouse can elect to use the same state of domicile as the service member for income tax purposes. A military spouse who accompanies the service member to California but maintains Florida domicile can elect to pay no California income tax on their civilian wages - paying Florida's zero income tax instead. The election must be made annually.

Combat Pay and the EITC Election

Normally, excluded income does not count as earned income for purposes of the Earned Income Tax Credit. But service members with combat pay may elect under §32(c)(2)(B) to include their otherwise-excluded combat pay as earned income for EITC calculation purposes. This election can significantly increase the EITC for lower-income service members whose combat pay exclusion would otherwise reduce their EITC-qualifying earned income below the optimal level. The election is beneficial when the EITC increase from including combat pay exceeds the income tax cost of including it. Run the calculation both ways before making the election.

Authority: IRC §112 (combat zone compensation exclusion - gross income does not include compensation received by any enlisted person while serving in a combat zone; officers limited to highest enlisted pay plus hostile fire/imminent danger pay; combat zone designated by Presidential Executive Order); IRC §134 (qualified military benefits excluded from gross income - basic allowances for housing and subsistence, uniform allowances, travel allowances, moving allowances for PCS, reenlistment bonuses up to specified limits, ROTC educational allowances); IRC §134(b) (qualified military benefit defined - any allowance or in-kind benefit provided under military authority; excludes retirement pay); IRC §104(a)(4) (VA disability exclusion - amounts received as pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in armed forces; total exclusion regardless of amount); IRC §217(g) (moving expense deduction preserved for Armed Forces members on PCS orders - suspended for civilians under TCJA; Form 3903); Servicemembers Civil Relief Act 50 U.S.C. App. §571 (SCRA income tax protection - service member's state of domicile for income tax remains state of domicile at entry into service; state of assignment cannot tax military compensation); Military Spouses Residency Relief Act - 50 U.S.C. §4001 (spouse may elect same state of domicile as service member; civilian wages of spouse in assignment state not taxable in assignment state; annual election required); IRC §32(c)(2)(B) (combat pay election for EITC - service member may elect to include excluded combat pay as earned income for EITC calculation; run both ways to determine whether election is beneficial).