- April 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Tax Question for Military Service Members
Hello everyone,
I have a quick tax question that I would appreciate some guidance on. I am currently serving in the active duty army with my home of record listed as NJ, but I am stationed in PA.
I have always been paying taxes to NJ throughout my time in the military, and I usually receive a small refund from them each year. However, I recently discovered that as a nonresident of NJ, I may be eligible for certain tax benefits if I meet certain criteria:
1) I do not have a permanent home in NJ (my parents’ house is listed as my home of record)
2) I maintain a permanent home in another state (I own a home in PA)
3) I have not spent more than 30 days in NJ this year
I am also receiving BAH in PA, and I am unsure of how this may impact my tax situation. Has anyone else filed as a nonresident in NJ or have experience with this? Any advice or insights would be greatly appreciated.
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****** just grabbed a
https://www.nj.gov/treasury/taxation/military/residency.shtml
It’s pretty clear on what makes you a non-resident:
> Military personnel who are **domiciled** in New Jersey, but who meet all three of the following conditions for the entire year, are considered nonresidents for Income Tax purposes:
> 1) You did not maintain a permanent home in New Jersey; and
> 2) You did maintain a permanent home outside New Jersey; and
> 3) You did not spend more than 30 days in New Jersey during the tax year.
Because your State of Legal Residence determines your legal residence / **domicile** (these terms are interchangeable for SLR purposes), and yours is still NJ, that means you are a military person domiciled in NJ. And because you meet all 3 of those conditions, that also means NJ considers you a non-resident for tax purposes.
So just by the letter of NJ state tax law, you’re a non-resident of NJ. You should be able to file a non-resident form and get any withheld tax for 2023 back (and can likewise work with finance to mark yourself exempt from NJ tax in the future).
If you wanted to fix up previous years, you would have to file amended returns for those years…but that’s probably a quick way for NJ to say “wait up hold on, can you prove that this was true for those years?”.
I’ve been filling as an active duty NJ non-res for over a decade now. You should get all of the you paid to state tax come refund time. You can also up your number of dependents for state tax purposes so that not much even gets taken out of your paychecks.
Additionally, you should go back and amend your previous years state tax returns to get proper refunds