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I'm active duty military and I filled for NC last year because of bad tax advice but my home of residence is WA. so do i have to file in NC again or can i just file WA

 
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3 Replies
DMarkM1
Employee Tax Expert

I'm active duty military and I filled for NC last year because of bad tax advice but my home of residence is WA. so do i have to file in NC again or can i just file WA

It depends.  According to the NC Department of Revenue, "Under the Servicemembers Civil Relief Act, a member of the Armed Services who is a legal resident of another state stationed in North Carolina by virtue of military orders is not subject to North Carolina income tax on service pay but other income from employment, a business, or tangible property in North Carolina is subject to North Carolina income tax."

 

So assuming you are stationed in NC on military orders and your only income was military pay, then you do not have a filing requirement in NC. If for some reason NC taxes were withheld then you should file as non-resident in NC to get those withheld taxes refunded.  

 

Or if you had income from other sources within NC, then you file as non-resident and allocate only the NC source income to NC in the state interview as that is taxable to NC.  

 

WA does not have a state income tax so you do not have a state filing requirement there.

 

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I'm active duty military and I filled for NC last year because of bad tax advice but my home of residence is WA. so do i have to file in NC again or can i just file WA

Thank you for you help

TomD8
Level 15

I'm active duty military and I filled for NC last year because of bad tax advice but my home of residence is WA. so do i have to file in NC again or can i just file WA

And if you paid NC taxes last year that you in fact did not owe, then you can file an amended 2022 NC tax return in order to get them refunded.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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