Rhode Island retired pay
Is military retirement taxed in Rhode Island?
Not taxed
Exempt Since 2023, No Age Test.
No, for tax year 2023 and later. R.I. Gen. Laws § 44-30-12(c)(11) lets you subtract military service pension benefits included in federal adjusted gross income, and the Division of Taxation says the modification has no income or age requirement. You claim it on RI Schedule M, line 1v; for tax year 2022, military pay could use only the capped general pension modification.
- The law
- R.I. Gen. Laws § 44-30-12(c)(11)
- Current rule since
- tax year 2023 (§ 44-30-12(c)(11)); for tax year 2022, military retired pay counted only toward the general pension modification (up to $15,000, at full retirement age, under an income limit)
- Where you claim it
- RI Schedule M, line 1v (Modification for taxpayers receiving military service pensions under RIGL §44-30-12(c)(11)), using the military pension amount from federal Form 1040 or 1040-SR, line 5b
Read on Rhode Island’s own sources October 10, 2026
What Rhode Island’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 Rhode Island’s top 5.99% rate for 2026 (taxable income over $186,450) for tax year 2026; change it to your own bracket if you know it.
One rate applied to the whole amount, not Rhode Island’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 Rhode Island
Take the taxable military pension from line 5b of your federal Form 1040 and enter it on RI Schedule M, line 1v, which the 2025 schedule labels as the modification for taxpayers receiving military service pensions under RIGL §44-30-12(c)(11). Schedule M adds its decreasing modifications on line 1y and enters the total as a negative amount, and the schedule goes in with your RI-1040.
No other test applies. The Division's Publication 2026-01, its retirement income guide for tax year 2025, says the military modification has no income or age requirements; the only condition is that the pension is subject to federal income tax. Line 1t, the general pension and annuity modification, is different: it requires full retirement age (born on or before March 1, 1959, for 2025) and federal AGI of $107,000 or less for a single filer.
Keep the two lines apart. Line 1t allows up to $50,000 per person of other pension and annuity income for 2025, up from $20,000, but the instructions say not to include any military service pension there. The statute says the military modification, alone or with the general one, may never exceed the military pension received, and the Division applies that as a bar on claiming the same income twice: Example 5 in Publication 2026-01 has a retiree subtract $25,000 of military pay on the military modification and $17,000 of his own 401(k) withdrawals on the general one. On an assumed $36,000 pension, line 1v saves $1,350 at Rhode Island's 3.75% bottom rate and up to $2,156 at the 5.99% top rate.
You still file. The 2025 instructions require an RI-1040 from every resident who must file a federal return, even when line 1v removes the whole pension. To correct a 2023, 2024 or 2025 return that taxed the pension, file an RI-1040 with the Amended checkbox and the Supplement to Individual Income Tax Return; § 44-30-87 allows three years from filing or two years from payment, whichever expires later.
Tax year 2022 cannot be fixed with line 1v. The Division's 2023 guide, written for 2022 returns, counted military retirement pay only toward the general modification, up to $15,000 and only for filers at full retirement age under the income limit, and announced the full military exemption as coming for tax year 2023.
Survivor Benefit Plan annuities
Exempt for a surviving spouse. Publication 2026-01 (February 2026, for tax year 2025) says a surviving spouse who has received military pension benefits on behalf of a spouse who served in the armed forces is also eligible for the Military Service Pension Modification. The 2025 RI-1040 instructions do not mention survivors, and neither source addresses other SBP beneficiaries such as children (read October 10, 2026).
Active-duty pay in Rhode Island
Taxed for residents. The 2025 RI-1040 instructions say Rhode Island taxes all the federal taxable income of a resident member of the armed forces regardless of where it is received, while a nonresident stationed in Rhode Island subtracts military pay on Schedule M, line 1o. The Division says Rhode Island conforms to the federal combat zone exclusion.
Missed it in an earlier year?
A refund may be claimed within three years of filing a return or two years from the time the tax was paid, whichever expires later (R.I. Gen. Laws § 44-30-87, per the 2025 RI-1040 instructions). File an RI-1040 with the Amended checkbox and the Supplement to Individual Income Tax Return.
What trips Rhode Island retirees up
- The statute reads "For the tax years beginning on January 1, 2023", without the usual "or after". The Division treats the exemption as continuing: its 2025 instructions and Publication 2026-01 both say the modification applies for tax years beginning on or after January 1, 2023, and the 2025 Schedule M carries line 1v.
- Rhode Island borrows "military service" from 20 C.F.R. § 212.2, a Railroad Retirement Board rule: active service in the land, naval or air forces, with reserve service counted only while ordered to active duty, and Merchant Marine service expressly not creditable. The Division says only that active service in the armed forces meets the definition; it has not addressed NOAA or Public Health Service retirees, or whether a Guard or Reserve retirement built mostly on drill points counts in full (read October 10, 2026).
- Publication 2026-01 extends the modification to a surviving spouse who receives military pension benefits on behalf of a spouse who served, but it says nothing about a former spouse's court-ordered share of the retired pay.
- The Division's own 2025 documents disagree on the joint limit for the general line 1t modification: the RI-1040 instructions print $133,750, while Publication 2026-01 uses $133,500. The difference matters only for line 1t, never for the military line. The same guide says up to $50,000 of line 5b income qualifies "less any amount claimed under the Military Service Pension Modification", and none of its examples shows whether a large military pension also shrinks one person's $50,000 line 1t cap.
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. Rhode Island’s other servicemember protections are on the Rhode Island SCRA page.
Frequently asked questions
Does Rhode Island tax military retirement pay?
No, for tax years 2023 and later. R.I. Gen. Laws § 44-30-12(c)(11) lets you subtract military service pension benefits included in federal adjusted gross income, and you claim it on RI Schedule M, line 1v. The Division of Taxation's Publication 2026-01 says the modification has no income or age requirements; the pension only has to be subject to federal income tax. For tax year 2022, military retired pay could use only the general pension modification, which was capped at $15,000 and required full retirement age (read October 10, 2026).
Is SBP taxed in Rhode Island?
Not for a surviving spouse. The Division of Taxation's Publication 2026-01 says a surviving spouse who has received military pension benefits on behalf of a spouse who served in the armed forces is also eligible for the Military Service Pension Modification, so the annuity goes on Schedule M, line 1v. The 2025 RI-1040 instructions do not discuss survivors, and the Division has not addressed SBP annuities paid to children or other beneficiaries. Survivors who are not spouses should ask the Division before claiming line 1v (read October 10, 2026).
Can I use Rhode Island's $50,000 pension modification and the military modification together?
Yes, on different income. For 2025, Schedule M, line 1t lets a filer at full retirement age with federal AGI of $107,000 or less (single) subtract up to $50,000 of taxable pension and annuity income, while line 1v takes out the military pension with no age or income test. The 2025 RI-1040 instructions say not to include any military service pension on line 1t, and Publication 2026-01 says income claimed on the military modification cannot also be claimed on the general one. Its Example 5 lets one retiree take both, each on different income.
Can I amend my 2022 Rhode Island return for the military exemption?
No. The military service pension modification applies to tax years beginning in 2023, according to § 44-30-12(c)(11) and the Division's guides. For 2022, the Division's 2023 pension guide counted military retirement pay only toward the general modification, up to $15,000 and only for filers at full retirement age under the income limit. For 2023 and later, § 44-30-87 allows a refund claim within three years of filing or two years from payment, whichever expires later, so an amended 2023 RI-1040 filed now can claim line 1v.
Sources, read October 10, 2026
- R.I. Gen. Laws § 44-30-12, Rhode Island income of a resident individual (State of Rhode Island General Assembly)
- 2025 Instructions for Filing RI-1040 (Rhode Island Division of Taxation)
- 2025 RI Schedule M, RI Modifications to Federal AGI (Rhode Island Division of Taxation)
- Publication 2026-01, Rhode Island Retirement Income Tax Guide (Rhode Island Division of Taxation)
- Publication 2023-01, Rhode Island Personal Income Tax Guide: Modification for Income From Pensions (Rhode Island Division of Taxation)
- 2026 RI-1040ES Estimated Payment Coupons with 2026 Tax Rate Schedule (Rhode Island Division of Taxation)
- 20 CFR 212.2, Military service defined (eCFR)
- Tax Information for Members of the Armed Forces (Rhode Island Division of Taxation)
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.