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This bill would direct the Dept. of Defense (DOD) to identify severance payments made to combat-injured veterans since January 17, 1991 where taxes were withheld and notify veterans who had taxes improperly withheld so they can recover those funds. Combat-injured veterans would have up to one year after they’re notified about the improper withholding and given instructions for recovering the money to file paperwork with the Internal Revenue Service (IRS) for a credit or refund.

DOD would be required to ensure that money isn’t withheld for tax purposes from DOD severance payments to individuals when those payments aren’t considered gross income.

Under federal law, veterans who suffer combat-related injuries and are separated from the military aren’t supposed to be taxed on the one-time lump sum disability payment they get from DOD as severance pay. Due to an accounting error, over 14,000 veterans were improperly taxed to the tune of $78 million.

","official_title":"To restore amounts improperly withheld for tax purposes from severance payments to individuals who retired or separated from service in the Armed Forces for combat-related injuries, and for other purposes.","short_title":"Combat-Injured Veterans Tax Fairness Act of 2016","popular_title":null,"short_summary":"Combat-Injured Veterans Tax Fairness Act of 2016\n\nThis bill directs the Department of Defense (DOD) to identify:\n\n certain severance payments to veterans with combat-related injuries paid after January 17, 1991, from which DOD withheld amounts for tax purposes, and the individuals to whom such severance payments were made. DOD shall provide each such veteran with:\n\n notice of the amount of improperly withheld severance payments, and instructions for filing amended tax returns to recover such amount. The period for filing a related claim with the Internal Revenue Service for a credit or refund is extended beyond the three-year limitation to the date that is one year after DOD provides the veteran with the information required by this Act.\n\nDOD shall ensure that amounts are not withheld for tax purposes from DOD severance payments to individuals when such payments are not considered gross income.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Combat-injured veterans who had taxes wrongfully withheld from their severance pay; DOD; and the IRS.","argument_for":"The federal government’s tax withholding error led to these combat-injured veterans receiving less severance pay than they should have, and the DOD needs to help them get that money back.","argument_against":"What’s done is done, the federal government shouldn’t be granting tax refunds or credits for a mistake it made years ago. 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Does the DOD Need to Tell Combat-Injured Vets That Too Much Tax Was Withheld From Their Severance Pay?