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No events on calendar for this bill.
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Ref to the Com on Finance, if favorable, State Personnel, if favorable, Rules, Calendar, and Operations of the HouseHouse2021-02-04Passed 1st ReadingHouse2021-02-04FiledHouse2021-02-03
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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PERSONNEL
PUBLIC
RETIREMENT
STATE EMPLOYEES
TAX DEDUCTIONS
TAXATION
TAXES
INDIVIDUAL INCOME
GOVERNMENT EMPLOYEES
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105 (Chapters); 105-153.3
105-153.5 (Sections)
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No counties specifically cited.
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H52: Equal Tax Treatment of Gov't Retirees. Latest Version
Session: 2021 - 2022
AN ACT to provide equal income tax treatment of government retirees' benefits.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 105‑153.3 is amended by adding a new subdivision to read:
(15a) Retirement plan. – A written retirement plan established by the employer to provide payments to an employee or the beneficiary of an employee after the end of the employee's employment with the employer where the right to receive the payments is based upon the employment relationship. With respect to a self‑employed individual or the beneficiary of a self‑employed individual, the term means a written retirement plan established by the individual to provide payments to the individual or the beneficiary of the individual after the end of the self‑employment. In addition, the term includes an individual retirement plan as defined in the Code and any plan treated as an individual retirement plan under the Code. For the purpose of this subdivision, the term employee includes a volunteer worker.
SECTION 2. G.S. 105‑153.5(b) reads as rewritten:
(b) Other Deductions. – In calculating North Carolina taxable income, a taxpayer may deduct from the taxpayer's adjusted gross income any of the following items that are included in the taxpayer's adjusted gross income:
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(5a) The amount received during the taxable year from one or more State, local, or federal government retirement plans, subject to the phase‑in provided in this subdivision:
Taxpayer Vested in the Plan
on or Before Income Years Beginning
August 1992 In 2021
August 1995 In 2022
August 1998 In 2023
August 2001 In 2024
August 2004 In 2025
August 2007 In 2026
August 2010 In 2027
August 2013 In 2028
August 2017 In 2029
August 2021 In 2030.
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SECTION 3. G.S. 105‑153.5(b) reads as rewritten:
(b) Other Deductions. – In calculating North Carolina taxable income, a taxpayer may deduct from the taxpayer's adjusted gross income any of the following items that are included in the taxpayer's adjusted gross income:
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(5b) The amount received during the taxable year under North Carolina State and local government retirement plans and under federal government retirement plans.
(5c) The amount received during the taxable year under a state or local government retirement plan of a state other than North Carolina, to the extent that other state would not subject to individual income tax the equivalent amount received under a North Carolina State or local government retirement plan.
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SECTION 4. Section 2 of this act is effective for taxable years beginning on or after January 1, 2021, and is repealed for taxable years beginning on or after January 1, 2031, and Section 3 of this act is effective for taxable years beginning on or after January 1, 2031. The remainder of this act is effective when it becomes law.