Solved: We are a military family and meet the reqs in NY for tax exempt status. Do we still have to file any paperwork? We aren't claiming a refund and have no NY income
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We are a military family and meet the reqs in NY for tax exempt status. Do we still have to file any paperwork? We aren't claiming a refund and have no NY income

 
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Employee Tax Expert

We are a military family and meet the reqs in NY for tax exempt status. Do we still have to file any paperwork? We aren't claiming a refund and have no NY income

It depends.  If you are stationed in NY but your SLR is not NY, the answer to this question is no, you will not need to file a NY return.  (You would need to see the specific rules on your SLR).

However, if your SLR is NY, but you are "maintaining a domicile" outside of NY, do not maintain a domicile in NY, and have been physically present in NY for less than 30 days, then you are not taxed on your income but probably want to file a NY return even though you are not taxed on the income.  For this you actually will file a NY nonresident (not a resident) return, as this is how NY considers your residency.  During that return, notice the screenshots below that will ensure that your income is not taxable in NY:

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Employee Tax Expert

We are a military family and meet the reqs in NY for tax exempt status. Do we still have to file any paperwork? We aren't claiming a refund and have no NY income

It depends.  If you are stationed in NY but your SLR is not NY, the answer to this question is no, you will not need to file a NY return.  (You would need to see the specific rules on your SLR).

However, if your SLR is NY, but you are "maintaining a domicile" outside of NY, do not maintain a domicile in NY, and have been physically present in NY for less than 30 days, then you are not taxed on your income but probably want to file a NY return even though you are not taxed on the income.  For this you actually will file a NY nonresident (not a resident) return, as this is how NY considers your residency.  During that return, notice the screenshots below that will ensure that your income is not taxable in NY:

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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