Hi
@hankThank you for your added information.
NOTE: this conversation is not fully in line with this post subject,except to the point of current and/or future taxation regarding the tax status of
retirement monies, as to how variations exist within state jurisdictions, aside from whatever personal taxable status may exist at the federal level.
A few pieces of info from 2012 regarding the "new pension tax" in Michigan.
Hank, the
below item 1 is part of what did cause confusion, from wording within the new tax code, with some pertinent wording in bold by me.
--- 1. Payers Subject to the New Withholding Rules, Michigan (note: there was a last minute scramble to provide payers with withholding instructions for the new calendar year 2012, as the Michigan Supreme Court had just ruled on the Constitutional status of taxing pensions for a narrow portion of the population (read, those born between 1946-1952
)
Only those subject to Michigan jurisdiction are required to withhold Michigan income tax under the new rules. Other payers need not withhold, even though the payee resides in Michigan.The Withholding Guide refers to the pension “administrator” as the person responsible for withholding. If the administrator is registered with Michigan Department of Treasury only for reasons other than withholding, the administrator must register again as a “pension administrator.” It is not entirely clear whether an administrator who administers payments to one person from more than one plan would have to aggregate the payments for withholding purposes. Analogy to federal law would indicate that aggregation is allowed but not required.
Mandatory Use of the MI W-4P
As mentioned above,
the State of Michigan's current position is that an administrator must withhold at the prescribed rate unless the participant provides different instructions on a MI W-4P. We understand that a number of payers are disregarding that position and are continuing to use their own version of the W-4P. Next for
item 2, is a short reply to friends and family at the time (2012) asking what the hell is going on with this new pension tax. Do not imply I retain a bias favoring one political party over another. This is not the case. However, at the time; this form of tax legislation was a strange path for a Republican controlled state government. Thus, the words to help identify the pathway of the legislation for those asking the questions of me (as in, who the hell promoted and favored this legislation?).
--- 2. I had several email exchanges with legislators, including the Lt. Governor and the state Treasurer during the beginning of this process.
The tax came to birth when the Republicans decided to reduce some business taxes.The overview:
1. Reduce some business taxes and companies will hire more people and/or new companies will move to Michigan.
2.
Michigan's budget is required to be balanced.3. So, if one is
reducing business taxes by $1.6 billion dollars, this needs to be offset from some other source.4.
Thus, the tax the pensions came to be as a source to recover the lose revenue to the state.The legislation was introduced by a Republican, the final passage was supported by enough Republicans, with the exception of a tie vote in the MI senate, with the tie breaking vote being cast by the Lt. Governor and signed by Gov. Snyder.
The legislation was challenged in court as unconstitutional and eventually traveled to the MI Supreme court for a final decision. The court at the time was Republican dominated. The legislation was passed with a 4-3 vote as not violating the constitution.
Summary: many republicans were not in favor of this tax, but enough voted in favor to set up the tie breaking vote by the Lt. Governor and of course, favored by Gov. Snyder.
My main points in email exchanges (my opinions,2011) with legislators from both political parties were:
1. that whatever amounts would be taken away from retirees in tax, would be monies not spent locally to support those businesses.
2. the tax was targeted at a specific group (baby boomers) does violate tax code by age discrimination
3. those voting in favor are targeting their own retired parents and/or grandparents...duh!
4. a number of Michigan residents will indeed retire to a state that does not tax pensions......this has take place to some extent, so the tax money is forever gone from Michigan, as these "snow birds" stay long enough in another state to claim residence in that state as a taxpayer; although they may return to Michigan during the warmer months. (2019 update, this indeed has taken place in larger numbers; so Michigan has lost this tax base from pension monies)
This link takes you to the legislation path:
https://votesmart.org/bill/13363/35098/tax-exemption-and-pension-bill#.XgiijGYyeM_----------------------------------------------------------------------
Lastly,
Hank; wife and I both receive defined pensions from payers not domiciled in Michigan. We have taxes "only" withheld from 1 pension for federal taxes, so as to not "hit" the federal underpayment penalty box at tax time. No Michigan taxes are withheld from either pension. Generally, we pay the remainder of federal and state taxes owed when filing taxes in the next year, without underpayment penalty. As noted in my previous post, Fidelity only asks; for my IRA RMD, as to whether I choose to have any federal or state tax deducted (tell us how much or none).
Take care,
Catch
