Posted on Jul 6, 2019
New York Tax Laws: Is any familiar with the NY tax laws for NY residents in the military?
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I've been concerned about this for years, but no one can ever seem to give me a clear answer (probably due to how confusing the verbage and terminology is).
I'm looking for an answer once and for all. In layman's terms this is my understanding: if I'm New York State resident and I live anywhere except NY I am exempt from state income tax.
I just came from Drum where I was paying taxes. I now live in Arizona. I moved here last month. I did not pay taxes in Tennessee and Georgia when stationed there, but now that I am coming from NY and spent 5 months of the calendar year there, I don't know if I am exempt for the rest of the year. NYS taxes are hefty, so I'd like to pull the trigger on ditching the deduction, but can't with confidence. H&R Block, a CPA I know, and ACS weren't able to help, hence why I'm asking this community.
Thanks in advance!
I'm looking for an answer once and for all. In layman's terms this is my understanding: if I'm New York State resident and I live anywhere except NY I am exempt from state income tax.
I just came from Drum where I was paying taxes. I now live in Arizona. I moved here last month. I did not pay taxes in Tennessee and Georgia when stationed there, but now that I am coming from NY and spent 5 months of the calendar year there, I don't know if I am exempt for the rest of the year. NYS taxes are hefty, so I'd like to pull the trigger on ditching the deduction, but can't with confidence. H&R Block, a CPA I know, and ACS weren't able to help, hence why I'm asking this community.
Thanks in advance!
Posted in these groups: Income Tax
Certified Public Accountant (CPA)
Taxes
Accountant
State of New York
Certified Public Accountant (CPA) Taxes Accountant State of New York
Posted >1 y ago
Responses: 1
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CPT(P) (Join to see) I know you probably looked at this: https://www.tax.ny.gov/pit/file/military_page.htm
Basically, if you joined the military while you were permanently living in NY, and you are assigned to any other base, you are still a NY resident and would still pay taxes for NY.
Even if you were in NY when signed up for the military, you may not actually be a NY resident. You would have to meet all three of these, in either group, to be considered a non-resident.
Group A
You did not maintain any permanent place of abode in New York State during the tax year; and
You maintained a permanent place of abode outside New York State during the entire tax year; and
You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year.
Group B
You were in a foreign country for at least 450 days1 during any period of 548 consecutive days; and
You, your spouse (unless legally separated) and minor children spent 90 days1 or less in New York State during this 548-day period; and
During the nonresident portion of the tax year in which the 548-day period begins, and during the nonresident portion of the tax year in which the 548-day period ends, you were present in New York State for no more than the number of days which bears the same ratio to 90 as the number of days in such portion of the tax year bears to 548. The following formula illustrates this condition:
(number of days in the nonresident portion/548) x 90 = maximum number of days allowed in New York State
Basically, if you joined the military while you were permanently living in NY, and you are assigned to any other base, you are still a NY resident and would still pay taxes for NY.
Even if you were in NY when signed up for the military, you may not actually be a NY resident. You would have to meet all three of these, in either group, to be considered a non-resident.
Group A
You did not maintain any permanent place of abode in New York State during the tax year; and
You maintained a permanent place of abode outside New York State during the entire tax year; and
You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year.
Group B
You were in a foreign country for at least 450 days1 during any period of 548 consecutive days; and
You, your spouse (unless legally separated) and minor children spent 90 days1 or less in New York State during this 548-day period; and
During the nonresident portion of the tax year in which the 548-day period begins, and during the nonresident portion of the tax year in which the 548-day period ends, you were present in New York State for no more than the number of days which bears the same ratio to 90 as the number of days in such portion of the tax year bears to 548. The following formula illustrates this condition:
(number of days in the nonresident portion/548) x 90 = maximum number of days allowed in New York State
Information for military personnel & veterans
If you are a nonresident, other income that you receive from New York State sources (including your spouse's income) may be subject to tax. See Publication 361.
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SGT Javier Silva
CPT(P) (Join to see) - What state do you claim as your state of residence? Do you know you can actually change your state of residence? There things that are impacted if you do so.
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