Active duty, NY state nonresident filing

thebandneb · ‎April 16, 2020

I am active duty, stationed in New York. My wife and I are not from NY and my wife meets the the requirements of the Military Spouses Residency Relief Act to be treated as a nonresident. She paid income tax to NY and according to www.nystax.gov:

"under the Act, a military spouse's income that is earned in New York State will not be treated as New York source income and will therefore be exempt from any personal income tax..."

Everything completing Turbo Tax initially went well, and it calculated a full refund for NY... until I tried to e-file. The problem is when filing with the state, it won't let me file with a "0" in for NY source Wages.

Is there a way to e-file or will I have to mail it in?

DawnC · ‎April 16, 2020

Form IT-203, Nonresident and Part-Year Resident Income Tax Return should be e-filed. Your NY wages should be an empty field so try removing the 0. Delete the 0 entries from your tax return. However, having a 0 in the wages filed should not prevent you from e-filing since your return should show a NY refund due.

Make sure you have reported the tax she paid so that the return shows a refund of those taxes. Without any income or refund due, you won't be able to e-file. You mentioned the NY revenue department's website. Any income taxes she paid or that were withheld need to be reported on the tax return in order to have them refunded. So she should have some kind of tax form (W-2 or 1099) that shows the withholding.

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Active duty, NY state nonresident filing

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