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taxman1
Level 5
March 6, 2024
Question

Combat Zone pay for government contractor.

  • March 6, 2024
  • 3 replies
  • 41 views

Im familiar with form 2555 foreign income exclusion.  But this taxpayer is a private contractor for the military, working in a combat zone.  Taxpayer received a letter from their employer stating they were in a combat zone and qualify for "combat pay" exclusion.  We file a schedule C for the client and I have searched high and low on how to report combat zone pay exclusion.  Form 2555 doesn't apply in this situation due to not meeting time overseas.  From what I have read on the IRS site, one just writes "Combat Zone Pay" on the top of the 1040 and doesn't claim the pay.  But with combat pay one still pays SS tax and Medicare tax. Plus we have no way of writing "Combat Pay Exclusion" on top of the 1040 and efiling !  😀   Has to be a way in Proseries to "check a box" to show it was combat pay ?  Or do I just write on other expenses on schedule "Combat Pay Exclusion" and deduct the pay ?  But then Self employment tax is not paid.  What's your take on how to report it ?

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3 replies

Just-Lisa-Now-
Intuit Community Champion
March 6, 2024

I dont know the real answer, but you could put the pay on Sch C and let the SE taxes compute, then exclude the pay on the Other Income Line (Combat Zone pay) that would exclude income taxes but still keep the self employment taxes on the return.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
taxman1
taxman1Author
Level 5
March 6, 2024

Thats on way to skin a cat !!  Sorry, old school saying.  I personally love cats and have a few.  But that would work.

sjrcpa
Level 15
March 6, 2024

As I recall, that exclusion only applies to active duty military personnel (W-2 employees), and lower income ones at that.

Have you researched this?

The more I know the more I don’t know.
qbteachmt
Level 15
March 6, 2024

"Taxpayer received a letter from their employer stating they were in a combat zone and qualify for "combat pay" exclusion."

That "and" might be the problem. I think we are seeing a mix of terminology: combat zone vs combat pay; military members are the only ones eligible for that exclusion because of combat pay.

Contractors might qualify for a different exclusion. Having proof that they were in a combat zone is why they qualify:

https://expattaxprofessionals.com/blog/article/combat-zone-contract-workers-claim-foreign-exclusion

 

Don't yell at us; we're volunteers
qbteachmt
Level 15
March 6, 2024
Don't yell at us; we're volunteers
taxman1
taxman1Author
Level 5
March 6, 2024

They are stationed at a US Base and act as armed support for military missions.  But they do not meet the 330 days.  Even using the slide rule method of days overseas they do not meet the 330 days.  I will look a form 2555 again, been a few years since I have done one.  Maybe there is something new there.  But the IRS web site information "can and will" contradict itself.  

BobKamman
Level 15
March 6, 2024

I think someone is trying to skin a dog, thinking it's a cat.  Let's not mix up combat pay exclusion (military only) and foreign earned income exclusion (ok to still have a US abode but you still have to spend enough time in a combat zone).

"Beginning tax year 2018, contractors and employees of contractors supporting the U.S. Armed Forces in designated combat zones may now qualify for the Foreign earned income exclusion (FEIE). To claim the Foreign earned income exclusion, you must meet the Bona fide residence test or the Physical presence test.  The Bipartisan Budget Act of 2018 changed the tax home requirement for eligible taxpayers, allowing them to claim the Foreign earned income exclusion even if their "abode" is in the United States."

https://www.taxesforexpats.com/guides/contractors-abroad.html