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brycemona
New Member

Do I put active duty military income in home state or as a non resident of illinois

 
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2 Replies
DaveF1006
Employee Tax Expert

Do I put active duty military income in home state or as a non resident of illinois

For active-duty military members, the answer depends on your State of Legal Residency (SLR), not necessarily where you are physically stationed. Under the Servicemembers Civil Relief Act (SCRA), you don't lose your home state residency just because the military moves you.

 

If Illinois is your State of Legal Residency, then this is your resident state.

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Do I put active duty military income in home state or as a non resident of illinois

@brycemona 

 

BUT...but IL wouldn't be your SLR if you are just posted there...and ahvn't taken the specific legal steps to make IL your SLR.  Most military folks don't do that if their original HOR/SLR is some other state  (Again...unless you really changed it with a DD2058)   Annnnd.....you would only file in IL as a non-resident if you had a W-2 side-job off post during your time in IL....that income would be taxable by IL (as a non-resident, with another "unless"....unless your HOR/SLR is IA, KY, MI or WI))

 

As such, your Active duty would not be IL non-resident incoem as it is only taxable by your home state

 

Read:

What's my military state of residence?

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

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