This act exempts active and reserve members of the U.S. Uniformed Services from federal income tax on their service pay.
Pete Ricketts
Senator
NE
The Service Members Tax Relief Act establishes a new federal income tax exemption for active and reserve members of the U.S. Uniformed Services on their service pay. This legislation amends the Internal Revenue Code to exclude compensation earned for active or reserve duty from gross income. However, this exemption specifically does not apply to pension or retirement pay.
The Service Members Tax Relief Act is straightforward: it creates a new federal tax exemption for compensation earned by active and reserve members of the U.S. Uniformed Services. Essentially, if you’re currently serving, your regular military pay will no longer be counted as gross income for federal tax purposes. This change kicks in for income earned in tax years beginning after the bill becomes law, meaning service members will see a direct increase in their take-home pay, since they won't owe federal income tax on their service compensation.
This legislation amends the Internal Revenue Code by creating a new Section 139M, which explicitly excludes military compensation from federal gross income. For active duty personnel, this is a massive financial shift. Think of a mid-career E-6 with a family—currently, a significant chunk of their base pay is subject to federal income tax. Under this new rule, that entire base pay becomes tax-free. This isn't just a small deduction; it’s a complete exemption from federal income tax on service pay, which translates directly into hundreds or even thousands of extra dollars annually for every service member.
For reserve members, the exemption applies to the compensation they receive for their drill weekends, annual training, and any active duty orders. This is a clear benefit, as that income is currently taxed. However, the bill is very specific about what isn't covered: pension or retirement pay. If you are a military retiree, your monthly retirement check will remain taxable at the federal level, just as it is now. The exemption is strictly limited to current compensation for service, not deferred benefits like pensions. This means the financial relief is targeted squarely at those currently serving in uniform, recognizing the immediate financial pressures of active and reserve duty.
Since the exemption applies to “compensation received... for their service,” it covers base pay, special pay, and incentive pay. For a young officer or enlisted member, this could mean the difference between struggling to afford a down payment and being able to save aggressively. The clarity of the bill’s language (Section 2) leaves little room for ambiguity, making implementation relatively simple: military paychecks will simply stop having federal income tax withheld once the new tax year begins. While this is a clear financial boost for those currently serving, it does create a distinction where a service member's pay is tax-free while they are in uniform, but immediately becomes taxable once they transition to retirement, highlighting the bill's focus on current service incentives rather than long-term retirement benefits.