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FAQs for Public Act 4 of 2023 - Retirement State Tax Changes
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I am retired from the Michigan State Police Retirement System (SPRS). Will I be exempt from state tax withholding?For tax years beginning on and after Jan. 1, 2023, SPRS retirees are exempt from state income tax on their pension income beginning with the 2023 tax year, regardless of age.
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Can state income tax still be withheld from my pension?You can always elect to have state income tax withheld from your pension.
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If I overpaid my state income tax obligations so far in 2023, will I receive a refund of state tax withholding I've already paid for 2023?No, the Michigan tax withholding will be reflected on your 2023 1099-R when those are available in January 2024.
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Once PA 4 of 2023 takes effect, how much money will this save me?We cannot answer that question; we can only speak to the changes PA 4 of 2023 enacts.
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I filed my state tax return before PA 4's effective date. Do I need to file an amended return?No. Although PA 4 did not officially take effect until Feb. 13, 2024, Michigan’s 2023 tax return, forms, and instructions (e-file and paper format) incorporate all retirement and pension benefit subtraction options – including those created in the new law. Retirees who filed their taxes prior to the law’s effective date need not file an amended return because the Michigan Department of Treasury will work impacted returns as they are received and prepare them for release after the law’s effective date. For more details about retirement tax changes, see the Michigan Department of Treasury website.
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When will I see a change to my state tax withholding in my pension payment?On Jan. 1, 2024, ORS automatically updated your tax withholding to “No Withholding.” Therefore, you would have seen a change in your state tax withholding starting with your January 2024 pension payment.
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Will more federal tax be withheld from my pension as a result of Michigan tax not being withheld?No. Your pension is taxed based on your gross taxable base benefit, so your federal tax withholding will not change. PA 4 of 2023 will only impact your liability for Michigan tax withholding.
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I receive more than one pension payment through ORS. What is the impact for me?Your tax liability will be determined by you or your spouse’s age, your filing status, and the retirement system(s) from which you receive a pension.
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I am receiving a portion of my former spouse’s pension. How will this change impact me?Your portion of your former spouse’s pension will be handled the same as a regular retiree. Your pension is not impacted by choices your former spouse makes about their tax withholding.
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Although I am not required to have state tax withheld from my pension, I would still like to have it withheld. Can I do that?Yes.
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Who should I contact if I have questions about the Michigan tax withholding changes that are not addressed in these FAQs?Additional questions about tax obligations are best answered by a professional tax preparer or advisor. While we cannot provide tax advice, ORS is happy to help if you have a specific change you want to make to your tax withholding on a benefit received from our office.
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Does PA 4 of 2023 affect my net pension amount?There is no change to your pension benefit. The change is that your Michigan tax liability will change as the law is phased in.
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What other changes does PA 4 of 2023 entail specific to my pension benefit?ORS can only speak to the impacts of PA 4 of 2023 on your pension payments. For more information, consult with a tax advisor. For direct information and the exact language of PA 4 of 2023, you can review the full law here.
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I retired this month. What will happen to my state tax withholding?If you are a retired SPRS member, see the answer to question 1.
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I applied for retirement but haven’t retired yet. What will happen to my state tax withholding?If you are a retired SPRS member, see the answer to question 1.
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If I have more questions on my tax filing obligations with the State of Michigan, what should I do?Additional questions about tax obligations or filing requirements are best answered by a professional tax preparer or advisor.
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I have a 401(k) or 457 Plan through the State of Michigan. How does PA 4 of 2023 impact me?Distributions from the State of Michigan 401(k) Plan that are attributable to employer contributions and earnings on those contributions, including Personal Healthcare Fund contributions, would qualify for tax relief under PA 4 of 2023, to the extent dictated for the various age groups and tax years. Distributions from the State of Michigan 457 Plan are not exempt from state taxation.
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I have a 401(k) or 457 Plan through the State of Michigan. I would like to adjust my state tax withholdings on future distributions. Who should I contact?