<?xml version="1.0" encoding="ISO-8859-1"?><section number="59-10-1043"><effdate>3/23/2022</effdate><histories><history>Amended by Chapter <modchap sess="2022GS">258</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Nonrefundable tax credit for military retirement.</catchline><subsection number="59-10-1043(1)">
As used in this section:
<subsection number="59-10-1043(1)(a)"><subsection number="59-10-1043(1)(a)(i)">
"Military retirement pay" means retirement pay, including survivor benefits, that relates to service in the armed forces or the reserve components, as described in 10 U.S.C. Sec. 10101.</subsection><subsection number="59-10-1043(1)(a)(ii)">
"Military retirement pay" does not include:
<subsection number="59-10-1043(1)(a)(ii)(A)">
Social Security income;</subsection><subsection number="59-10-1043(1)(a)(ii)(B)">
401(k) or IRA distributions; or</subsection><subsection number="59-10-1043(1)(a)(ii)(C)">
income from other sources.</subsection></subsection></subsection><subsection number="59-10-1043(1)(b)">
"Survivor benefits" means the retired pay portion of the benefits described in 10 U.S.C. Secs. 1447 through 1455.</subsection></subsection><subsection number="59-10-1043(2)">
Except as provided in Section <xref depth="3" refnumber="59-10-1002.2" start="0">59-10-1002.2</xref>, a claimant who receives military retirement pay may claim a nonrefundable tax credit against taxes equal to the product of:
<subsection number="59-10-1043(2)(a)">
the percentage listed in Subsection <xref depth="4" refnumber="59-10-104(2)" start="0">59-10-104(2)</xref>; and</subsection><subsection number="59-10-1043(2)(b)">
the amount of military retirement pay that is included in adjusted gross income on the claimant's federal income tax return for the taxable year.</subsection></subsection><subsection number="59-10-1043(3)">
A claimant may not:
<subsection number="59-10-1043(3)(a)">
carry forward or carry back the amount of a tax credit that exceeds the claimant's tax liability for the taxable year; or</subsection><subsection number="59-10-1043(3)(b)">
claim a tax credit under this section for a taxable year if a tax credit under Section <xref depth="3" refnumber="59-10-1019" start="0">59-10-1019</xref> is claimed on the claimant's return for the same taxable year.</subsection></subsection></section>
