Maine retired pay
Is military retirement taxed in Maine?
Not taxed
Fully Exempt Since 2016, SBP on Line 6.
No. Since tax year 2016, 36 M.R.S. § 5122(2)(M-2) has let a Maine resident deduct every dollar of military retirement plan benefits included in federal adjusted gross income, with no cap, age test, or Social Security offset. You claim it through line P9 of the Pension Income Deduction worksheet and Schedule 1S, line 4; Survivor Benefit Plan annuities go on Schedule 1S, line 6.
- The law
- 36 M.R.S. § 5122(2)(M-2); survivor annuities, § 5122(2)(HH)
- Current rule since
- tax year 2016 (36 M.R.S. § 5122(2)(M-2)); for 2014 and 2015 military pay shared a $10,000 pension deduction under ¶ M-1
- Where you claim it
- Form 1040ME, Schedule 1S, line 4 (Pension income deduction), from line P10 of the Worksheet for Pension Income Deduction, with military retirement pay on line P9 and the military box checked; SBP and RCSBP annuities not already in line 4 go on Schedule 1S, line 6
Read on Maine’s own sources October 10, 2026
What Maine’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 Maine’s 7.15% rate on taxable income around $75,000 for 2026 (single filers reach it at $64,850); a new 2% surcharge lifts the top rate to 9.15% on single taxable income over $1 million for tax year 2026; change it to your own bracket if you know it.
One rate applied to the whole amount, not Maine’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 Maine
Fill in the Worksheet for Pension Income Deduction that comes with Schedule 1S. Military retired pay goes on line P9 by itself, in the column of the spouse who earned it, and line P10 adds it to any non-military deduction from line P8. Carry line P10 to Schedule 1S, line 4, check the box saying line 4 includes military retirement pay, and enclose the worksheet with copies of your 1099-R forms.
Line P9 sits outside every limit on that worksheet. The non-military deduction for 2025 tops out at $48,216 per person and shrinks dollar for dollar by Social Security and Railroad Retirement benefits, whether taxable or not; the statute says that reduction does not apply to military retirement plan benefits. A phaseout of the non-military part begins once federal adjusted gross income on Form 1040ME, line 14 passes $125,000 single or $250,000 joint, and it leaves line P9 alone.
Stacking works in your favor. A single 62-year-old with an assumed $40,000 of retired pay, a $20,000 civilian pension and $18,000 of Social Security deducts all $40,000 on line P9 and the full $20,000 on line P8, because $48,216 minus $18,000 leaves $30,216 of room. The taxable part of the Social Security comes off separately on Schedule 1S, line 3. At the 7.15% rate, $40,000 of military pay is worth $2,860 a year, but only to a filer whose other income already reaches that bracket. This retiree's other income is all deducted, so for 2025 the military deduction saves about $1,151: without it, $40,000 minus the $15,000 standard deduction and $5,150 personal exemption leaves $19,850, all taxed at 5.8%.
To fix an earlier year, file that year's Form 1040ME with the AMENDED box checked. Maine Revenue Services allows a refund claim within 3 years of the original due date or 3 years of payment, whichever is later, so the 2023 through 2025 returns are still open in October 2026.
Reserve and Guard retirees qualify on the same line. The statute defines a military retirement plan as benefits received for service in the active or reserve components of the listed branches, and federal law (10 U.S.C. § 10101) counts the Army and Air National Guard of the United States among the reserve components, so non-regular retired pay earned through a drilling career goes on line P9 in full.
Survivor Benefit Plan annuities
Exempt. The 2025 line 4 instructions and the Maine Revenue Services FAQ say military retirement plan benefits, including survivor benefits, are fully exempt, and Schedule 1S, line 6 separately subtracts Survivor Benefit Plan and Reserve Component Survivor Benefit Plan annuities paid to a survivor, less anything already in the line 4 deduction. The statute behind line 6, 36 M.R.S. § 5122(2)(HH), describes a member 'who died as the result of service'; MRS's instructions and FAQ state no cause-of-death test (read October 10, 2026).
Active-duty pay in Maine
Partly exempt. A Maine resident subtracts on Schedule 1S, line 5 pay for service performed outside Maine under written military orders: active-component duty while the permanent duty station was outside Maine, or active, reserve or Maine National Guard duty supporting a federal operational mission (which MRS limits to overseas deployment support) or a declared disaster response; other pay earned at a Maine duty station stays taxable (2025 instructions; 36 M.R.S. § 5122(2)(LL)).
Missed it in an earlier year?
Maine Revenue Services says a refund claim generally must be filed within 3 years of the original due date for the return or within 3 years of the time the tax was paid, whichever is later. Amend on Form 1040ME with the AMENDED return box checked.
What trips Maine retirees up
- Through tax year 2025 the deduction covers only the Army, Navy, Air Force, Marines, Coast Guard and Space Force, so a NOAA Corps or Public Health Service retiree was limited to the capped non-military line. P.L. 2025, c. 452 (L.D. 366, An Act to Ensure Consistency of Income Tax Deductions for Retired Members of the Uniformed Services) switches the definition, for tax years beginning on or after January 1, 2026, to the uniformed services in 37 U.S.C. § 101(3), which adds NOAA and the Public Health Service. The line 6 survivor rule in ¶ HH still names only the six armed forces.
- The deduction belongs to a primary recipient, which the statute defines as the person whose earnings or contributions the benefits are based on, or that person's surviving spouse. On those words, a former spouse paid a share of retired pay under a divorce order is neither, and Maine Revenue Services has published nothing on divorce shares of military pay (read October 10, 2026).
- A surviving spouse can end up using two lines. Schedule 1S, line 6 is the form's line for military annuity payments to a survivor, while a survivor annuity from a civilian plan counts toward the non-military deduction, which the instructions cap at $48,216 for a surviving spouse. Never put the same dollars on line 4 and line 6: the instructions require line 6 to exclude anything already in the line 4 deduction. The ¶ HH text speaks of a member who died as the result of service; MRS's line 6 instructions drop the words 'who died' and state no cause-of-death test, and its line 4 instructions already count survivor benefits as exempt military retirement plan benefits.
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. Maine’s other servicemember protections are on the Maine SCRA page.
Frequently asked questions
Does Maine tax military retirement pay?
No. For tax years beginning on or after January 1, 2016, 36 M.R.S. § 5122(2)(M-2) lets each primary recipient deduct the full amount of military retirement plan benefits included in federal adjusted gross income. You enter it on line P9 of the Worksheet for Pension Income Deduction and carry the total to Form 1040ME, Schedule 1S, line 4, checking the box for military retirement pay. There is no dollar cap or age requirement, and Social Security does not reduce it, per the 2025 instructions and the Maine Revenue Services FAQ read October 10, 2026.
Is SBP taxed in Maine?
No. The Maine Revenue Services FAQ and the 2025 Form 1040ME instructions say military retirement plan benefits, including survivor benefits, are fully exempt. Schedule 1S, line 6 subtracts Survivor Benefit Plan and Reserve Component Survivor Benefit Plan annuities paid to the survivor of a member of the Army, Navy, Air Force, Marines, Coast Guard or Space Force, to the extent included in federal adjusted gross income, minus anything already counted in the line 4 pension deduction. The authority is 36 M.R.S. § 5122(2)(HH), read October 10, 2026.
Does Social Security reduce Maine's military retirement deduction?
No. Maine reduces its general pension deduction ($48,216 per person for 2025) by every dollar of Social Security and Railroad Retirement benefits you receive, taxable or not, but 36 M.R.S. § 5122(2)(M-2) applies that reduction only to non-military retirement income. Military retired pay goes on line P9 of the worksheet in full. A retiree drawing $25,000 of Social Security still deducts all retired pay, and the taxable part of the Social Security itself comes off on Schedule 1S, line 3, per the 2025 Form 1040ME instructions.
Do NOAA and Public Health Service retirees get Maine's military deduction?
Starting with tax year 2026. Through 2025, the statute and the 2025 instructions limit line P9 to service in the Army, Navy, Air Force, Marines, Coast Guard or Space Force, so NOAA Corps and Public Health Service retirees could use only the capped general pension deduction, reduced by Social Security. As amended by P.L. 2025, c. 452, 36 M.R.S. § 5122(2)(M-2) defines a military retirement plan by the uniformed services in 37 U.S.C. § 101(3) for tax years beginning on or after January 1, 2026, and that definition includes both corps (read October 10, 2026).
Sources, read October 10, 2026
- Title 36, § 5122, Modifications (Maine Legislature)
- Laws of the State of Maine 2025, Public Law chapter 452 (L.D. 366) (Maine State Law and Legislative Reference Library)
- 2025 Form 1040ME General Instructions (Maine Revenue Services)
- 2025 Form 1040ME, Schedule 1S and Worksheet for Pension Income Deduction (Maine Revenue Services)
- Individual Income Tax FAQ (Maine Revenue Services)
- State of Maine 2026 Individual Income Tax Rates, revised May 20, 2026 (Maine Revenue Services)
- 37 U.S.C. § 101, Definitions (GovInfo)
- 10 U.S.C. § 10101, Reserve components named (GovInfo)
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.