If you qualify for the New York exemption, you will need to file a NY non-resident
return to get a refund of any tax withheld.
To qualify for the exemption, you must
meet the following requirements:
1. You did not maintain any permanent place of abode in New York
State during the tax year;
2. You maintained a permanent place of abode outside New York
State during the entire tax year; and
3. You spent 30 days or less (any part of a day is a day for this
purpose) in New York State during the tax year.
As you work through your New York state
return:
- On the " We've
Recommended a Residency Status" screen click Change Residency and choose Non-Resident.
-
When you get to the " New York Income Allocation" screen, make sure to click No,
then on the next screen " Your Form W-2
Summary" click Done.
-
Continue through to the screen titled
" Changes to Federal Income". Click Start next to Received military pay.
(see screen shot)
- On the
"Military Pay" screen enter your federal and nonresident NY military
wages (W-2 Box 1) (see screen shot)
This should exempt your military pay.
NOTE:
If your spouse is not a New York resident, the state requires you to file as
Married Filing Separately, even if you filed a joint federal return. The
instructions above will not exempt your NY income if you file the state jointly
when you should be filing separately.
The instructions
to file a separate state return after filing jointly on your federal return can
be found here:
Filing Separate State Returns After Filing Jointly for Federal
