The IRS made changes to the 2023 Instructions for Forms 1099-R and 5498 to help clarify how to report disability annuity payments to first responders or other taxpayers on the Form 1099-R.
Revenue Ruling 85-105, 1985-2 C.B. 53 states that disability retirement payments made to a taxpayer - under a workmen’s compensation act or under a statute in the nature of a workmen’s compensation act - as compensation for personal injuries or sickness incurred during the course of employment may not be subject to federal income tax.
A new paragraph was added to the 2023 Instructions: Box 2a, Taxable Amount, now references Rev. Rul. 85-105 to help you determine the taxable and/or non-taxable amount of the disability payments. If the annuity payments are fully non-taxable, there should be a zero in box 2a.
A reference to Rev. Rul. 85-105 was added to the Guide to Distribution Codes: Code 3 – Disability, is used to report the non-taxable part of the disability distribution on the Form 1099-R.