Louisiana retired pay
Is military retirement taxed in Louisiana?
Not taxed
Exempt Under Code 04E, SBP Included.
No. R.S. 47:44.2 exempts income from any retirement system for retirees of the United States Government, so military retired pay is fully exempt at any age and with no dollar cap, and R.S. 47:297.17, added in 2021, names Survivor Benefit Plan payments outright. The condition that matters is paperwork: the pension sits in your federal AGI, so you must take it out on Schedule E with code 04E or Louisiana taxes it at the flat 3% rate.
- The law
- La. R.S. 47:44.2 (federal retirement income); La. R.S. 47:297.17 (military survivor benefit plan payments)
- Current rule since
- R.S. 47:44.2 dates to Acts 1989, No. 812, the only history line the legislature prints for it; R.S. 47:297.17 (Acts 2021, No. 185) applies to tax periods beginning on or after January 1, 2021
- Where you claim it
- 2025 Form IT-540, Schedule E, one of lines 4A to 4G: description Federal Retirement Benefits, code 04E, plus the month and year you (or your spouse) retired; Schedule E line 5 then goes to IT-540 line 7
Read on Louisiana’s own sources October 10, 2026
What Louisiana’s rule is worth on your retired pay
Enter your annual taxable retired pay (box 2a of your DFAS or Coast Guard 1099-R). The rate starts at Louisiana’s flat 3% rate (2025 and 2026) for tax year 2026; change it to your own bracket if you know it.
One rate applied to the whole amount, not Louisiana’s full return: brackets, other income, deductions and credits change the real figure. Use it to compare, then check the state’s own form instructions.
How it works in Louisiana
Louisiana begins with federal adjusted gross income, and your DFAS or Coast Guard 1099-R is already inside that number, so nothing is exempt until you subtract it. On the 2025 Schedule E, put federal AGI on line 1. Then use one of lines 4A through 4G: write Federal Retirement Benefits as the description, 04E as the code, and the amount. Fill in the month and year the taxpayer, and the spouse if any, retired. Line 4H totals the exempt income, and line 5, Louisiana adjusted gross income, goes to IT-540 line 7 with the Schedule E box marked.
Code 04E reaches beyond military pay. The 2025 instructions define it as retirement benefits received from a Federal Retirement System, and the Department's FAQ says federal retirees, both military and nonmilitary, may exclude them. A retiree who also draws a FERS or CSRS annuity from a second federal career reports that annuity under the same code. The instructions require a copy of each 1099-R for code 05E, the state and local systems code, but say nothing of the kind for 04E; keep yours in case the Department asks.
Worked example with an assumed $30,000 pension: at the flat 3% rate set by Act 11 of the 2024 Third Extraordinary Session, code 04E keeps up to $900 of Louisiana tax off the 2025 return, the whole $900 once other income fills the $12,500 single standard deduction. The Department's 2026 estimated tax instructions compute 2026 tax at the same 3 percent, so the value holds for 2026 on the same pension.
Turning 65 adds a second break that does not compete with the first. Code 06E exempts up to $12,000 per qualifying taxpayer of annual retirement income such as IRA or private pension distributions, an amount the 2025 instructions raised from $6,000. The 06E worksheet subtracts anything already reported under codes 02E through 05E before applying the $12,000, so the military pension never uses up that allowance.
If an earlier return left code 04E off, R.S. 47:1623(A) still allows a refund claim for three years after December 31 of the year the tax became due, or one year after payment if that is later. A 2022 return fell due in 2023, so by that rule its claim stays open through December 31, 2026. Use that year's form, mark the Amended Return box, explain the change, and do not adjust for refunds already received or payments made with the original; the instructions say those are on file.
Survivor Benefit Plan annuities
Exempt. R.S. 47:297.17 exempts payments under a military survivor benefit plan authorized by 10 U.S.C. 1447 through 1455 to the surviving spouse or other named beneficiary, and the 2025 IT-540 instructions tell filers to include benefits received from a military survivor benefit plan in code 04E. The Department's retirement exclusion FAQ says the same (read October 10, 2026).
Active-duty pay in Louisiana
Taxed for a Louisiana domiciliary, except the Military Pay Exclusion under R.S. 47:293(9)(e), code 10E: a resident on active duty for 120 or more consecutive days excludes pay earned outside Louisiana during and after that stretch, up to $50,000 for 2025. Keep the orders and endorsements that prove the 120 days.
Missed it in an earlier year?
Under R.S. 47:1623(A), no refund is made unless the claim is filed within three years from December 31 of the year the tax became due, or one year from the date the tax was paid, whichever is later. Amend on the correct year's IT-540 with the Amended Return box marked and an explanation of the change (2025 IT-540 instructions, read October 10, 2026).
What trips Louisiana retirees up
- Nothing on the face of the IT-540 subtracts the pension. Line 7 is plain federal AGI unless Schedule E is attached, and the 2025 instructions require any resident who must file a federal return to file a Louisiana one, so a retiree who skips Schedule E pays 3% on every dollar of retired pay.
- The retirement year splits in two. Active-duty months before the retirement date can only use code 10E, which needs 120 consecutive days on active duty, counts only pay earned outside Louisiana, and stops at $50,000. Retired pay received once you are on the retired list goes on code 04E with no limit.
- Survivor annuities have two statutes behind them. R.S. 47:44.2 covers federal retirement income in general, and Acts 2021, No. 185 added the survivor exemption: the enrolled act numbered it R.S. 47:297.16, and the legislature now prints it as R.S. 47:297.17, which names payments under a military survivor benefit plan to a surviving spouse or other named beneficiary. The 2025 instructions send both to the same code, 04E.
Federal side: DFAS reports retired pay on Form 1099-R, and the IRS taxes it as a pension. VA disability compensation is not taxable income under federal law (IRS Publication 525). The SCRA’s tax-home rule (50 U.S.C. § 4001) protects servicemembers on orders, not retirees, so where a retiree lives decides which state taxes the pension. Compare every state on the 51-state ledger. Louisiana’s other servicemember protections are on the Louisiana SCRA page.
Frequently asked questions
Does Louisiana tax military retirement pay?
No. R.S. 47:44.2 exempts from state income tax any income received under a retirement system for retirees of the United States Government, which includes military retired pay, with no age test and no cap. Because Louisiana starts from federal adjusted gross income, you claim it on the 2025 Schedule E, lines 4A through 4G, with the description Federal Retirement Benefits and code 04E, and you enter the month and year you retired. The Louisiana Department of Revenue's retirement FAQ says the exclusion covers federal retirees, both military and nonmilitary (read October 10, 2026).
Is SBP taxed in Louisiana?
No. R.S. 47:297.17, enacted by Acts 2021, No. 185 and applicable to tax periods beginning on or after January 1, 2021, exempts payments made under a military survivor benefit plan authorized by 10 U.S.C. 1447 through 1455 to the surviving spouse or other named beneficiary. The 2025 IT-540 instructions put those payments in Schedule E code 04E, Federal Retirement Benefits, alongside the retired pay itself. The Department's FAQ on excludable retirement benefits also says benefits from a military survivor benefit plan may be excluded (read October 10, 2026).
Can I use Louisiana's $12,000 retirement exemption on top of the military exemption?
Yes, if you are 65 or older and have other retirement income. Code 06E on the 2025 Schedule E exempts up to $12,000 of annual retirement income per qualifying taxpayer, such as IRA, annuity or private pension distributions reported on federal Form 1040 lines 4b and 5b. The 06E worksheet removes amounts already coded 02E, 03E, 04E or 05E first, so the military pension on code 04E does not count against the $12,000. The amount rose from $6,000 to $12,000 for 2025, according to the 2025 instructions (read October 10, 2026).
Sources, read October 10, 2026
- RS 47:44.2, Federal social security benefits; federal and railroad retirement income exempt from taxation (Louisiana State Legislature)
- RS 47:297.17, Exemption for military survivor benefit plan payments (Louisiana State Legislature)
- Act No. 185 of the 2021 Regular Session, House Bill No. 200, enrolled (Louisiana State Legislature)
- RS 47:1623, Prescription of refunds or credits (Louisiana State Legislature)
- RS 47:32, Rates of tax (Louisiana State Legislature)
- 2025 IT-540 Resident Income Tax Instructions, revised (Louisiana Department of Revenue)
- 2025 Form IT-540-WEB-BC with Schedule E (Louisiana Department of Revenue)
- Is there a list of retirement system benefits that may be excluded from Louisiana income tax? (Louisiana Department of Revenue)
- 2026 IT-540ES Individual Estimated Income Tax Instructions (Louisiana Department of Revenue)
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.