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I am a resident of Pennsylvania serving in active duty with the military out of state on orders and don't remember which law refunds my state taxes.

In previous years I have had to submit a copy of my orders to the state, but it would be to verify that I am on orders. I just don't remember the legislation that explains this so I can include it in my statement on why I shouldn't have to pay state taxes.
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1 Reply
DS30
New Member

I am a resident of Pennsylvania serving in active duty with the military out of state on orders and don't remember which law refunds my state taxes.

According to the Pennsylvania Department of Revenue, active duty military pay is not subject to PA personal income tax if earned by a PA resident serving full-time active duty or federal active duty for training outside the state. However, other income earned, received or realized is taxable. Service members must submit copies of military orders assigning out-of-state active duty with tax returns

Therefore, when completing a PA personal income tax return, PA-40, military taxpayers should not include military pay earned outside Pennsylvania on Line 1a. Such taxpayers should submit copies of W-2 forms and military orders, along with an explanation of the amount of income excluded from Line 1a

The department will accept the authority section of the military orders directing the PA resident to federal active duty outside Pennsylvania as proof. When the authority for reporting to active duty is a federal statute – such as 32 U.S.C. §§316, 502, 503, 504 or 505 – the department presumes federal active duty

However, military pay is subject to PA personal income tax if the authority for reporting to active duty is a PA statute, such as P.S. §508 or §3102.

So in order for TurboTax to correctly exclude your active duty military pay, you will need to make sure that you answer all the military questions related to your duty assignment under the Personal Information section.

Click this link for more information on PA - Information related to Military filings in PA

Just make sure that you are letting the TurboTax system know that you are on active military duty.

You may need to edit your personal information under the Personal Info tab (for TurboTax Online sign-in, click Here) to let the TurboTax system know that you are in the U.S. Armed Forces.

You will need to edit your personal info and you will need to make sure that you select yes -"I am a member or former member of the U.S. Armed Forces (active, reserve or National Guard)".

Also answer "no" to "I lived in another state". Even though you may have lived in a different state, this will not apply if you are on active military service in a state other than your home of record state. (see screenshots)

Additionally, if you earned any income outside your military pay in a state that is not your state of record, you will need to file a nonresident state income tax return to recognize this nonmilitary income. Otherwise you will only have a resident state income tax return for your home of record, the state where you lived when you joined the military.

Thank you for protecting our country.


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