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Tax Benefits Enacted in the 108th Congress for Military Personnel, Date: November 17, 2004 1 (November 17, 2004)

handle is hein.tera/crstax0088 and id is 1 raw text is: Order Code RS21976
November 17, 2004
CRS Report for Congress
Received through the CRS Web
Tax Benefits Enacted in the 108th Congress
for Military Personnel
Pamela J. Jackson
Analyst in Public Sector Economics
Government and Finance Division
Summary
Many bills proposed tax relief for the armed forces in the 108th Congress. Two
bills were enacted: the Military Families Tax Relief Act of 2003 (H.R. 3365), that
became public law (P.L. 108-121) on November 11, 2003, and the Working Families
Tax Relief Act of 2004 (H.R. 1308), that became public law (P.L. 108-311) on October
4, 2004.
The Military Families Tax Relief Act (MFTRA) contains several provisions that:
1) increase the death gratuity payment and make it fully tax-exempt; 2) provide
members of the military with extended time to defer capital gains resulting from the sale
of their principal residences; 3) exempt from income benefits received from the
Department of Defense Homeowners Assistance Program; 4) expand combat zone filing
rules to include military personnel involved in contingency operations; 5) extend the
criteria defining membership in veterans' organizations; 6) create an above-the-line
deduction for overnight travel expenses of National Guard and reserve members; and
a few other items.
The Working Families Tax Relief Act (WFTRA) provides a variety of family tax
provisions, some of which address military personnel. In particular, WFTRA allows the
combat zone compensation of members of the armed forces to be included in earned
income for the purpose of calculating the refundable portions of the Child Tax Credit
and the Earned Income Tax Credit. This report, which provides information about the
various forms of tax relief that were introduced and subsequently legislated, will not be
updated.
Legislative History
The Military Families Tax Relief Act of 2003 (P.L. 108-121), introduced as H.R.
3365 on October 21, 2003, was passed in the House on October 29, passed in the Senate
on November 3, and signed into law by President Bush on November 11, 2003. The act,
which provides tax relief for members of the armed forces, improves tax equity for
Congressional Research Service ** The Library of Congress

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