- May 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Military Tax Exemption in New York State
Every year, I am able to receive a full refund on my state taxes in New York due to the military pay exemption. This exemption applies because I did not maintain a residence in New York, instead maintaining one elsewhere, and spent less than 30 days in the state during the year.
I have been utilizing H&R Block through military one source for my taxes, but I am experiencing difficulty in recalling the specific steps I took last year to secure my full state refund. As a result, I am seeking guidance on how to navigate this process effectively.
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I am a resident of NY as well (AD in Cali) and reflects as so on my LES. I don’t get any state tax taken out at all during the year, something you might want to check.
NYS refused to give taxes back for 2 years while I was in training and sent me in circles through their support channels. This is because the NYS tax code is antiquated and considers you to be a resident if you resided in barracks or on a ship, even though Army barracks are just aparments. So from then on I no longer lived in the barracks and just changed my state on LES to one with 0 tax so you don’t have to do the whole withholding/refund game every year. I suggest you do this since even if you are audited you are considered a non-resident and do not owe them taxes (might be different if you are stationed in Ft Drum). Tax witholding is a courtesy provided by the DOD’s payroll system, IMHO you want as little withholding as possible so you don’t have to wait a year to invest your refund. I am not an expert but this info was through a consultation with a CPA from militaryonesource.
DD Form 2058 or 2058-1 is what you want. Imho change you residency and avoid NYS all together.
I’m in the same boat. Every year it changes. I haven’t done mine this year yet so can’t help. I usually mess with the inputs until it looks right. I’ll try to check back in after I do them.
If NY is on your LES aren’t you a resident?
At the end of the day, you need to fill out a Form IT-203. Not sure what ui looks like in HR block, but Filling NYS taxes by hand is pretty easy, we have loads of practice filling out forms every time we pcs. But log into mypay and change to state withholding, there’s no reason to give NYS an interest-free loan all year.
Just use the manual form and follow the directions.
There’s a code in the instructions to enter in for military pay earned while living outside of NY, then you subtract all your income under the NY State subtractions section.
Other than your W-2 information in the header, it’s just a few lines of numbers – total income, subtracted income with the code annotated, total taxable income (should be $0), total tax paid, total tax owed ($0), final return (the total amount of tax you paid).
Go into mypay and change your NYS tax filing status to exempt.
I can’t speak on using tax software. Tax software handles the SCRA poorly and there’s no reason to pay money to file a very simple state tax return.
You know you can go into MyPay under state withholding and select “state exempt”. That way your state taxes are being taken out of your paycheck each month.
Last year and the year before I filed an IT203 through HR Block (MilTax) and put my NY source income as $1 to get past the “you don’t need to file a NY tax return” screen. Both years I got all my money back. Another redditor and I had a thread about it last year and it worked for both of us.
I am confused. My son is in the marine corps. We live in NYS. When I researched the military exemption from income taxes it seems like he is not exempt from NYS taxes. He lives in barracks so for Group A it seems like he doesn’t qualify. His permanent address and all off his documents are my house. Barracks it seems like are not a permanent abode for NYS purposes so it seems like he has to pay income tax. What am I missing?
Check your LES. My husband is a NY resident and has been for nearly 15 years while on active duty. It shows a NY tax line but takes out $0 because of the exemptions for military in NY. If you’re still having any tax withheld from NY, that may be able to be corrected.
For now, I believe you can file IT-203 as a NY state nonresident based on Group A qualifications.
Do you have to be a NYS resident at the time you entered service to receive this benefit? I’ve always been a legal NYS resident and have never had taxes removed, but I know others who changed their residency to NYS after the fact (and do not reside there any longer), yet they still have taxes taken out despite taking all of the right steps on MyPay.