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nsuarezlp
New Member

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

I have a home at my original state and  bought a home at my current assignment (but can’t claim home tax exemption for it because it’s not my homestead). I also have a business that is 100% online that only provides digital services - I don’t sell anything tangible.
5 Replies

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

Why not ask the CPA that?

TomD8
Level 15

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

National Guard pay when deployed is considered active duty military pay and is taxable only by your military SLR (State of Legal Residence).

 

This rule applies only to your military pay, not to any other type of income.  Non-military income earned is subject to the income tax laws of the states involved.

 

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

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

I wouldn't have asked the TT community if I hadn't already asked my CPA. Her information conflicts with what I've heard among other National Guard members who have done their taxes with other CPAs. I've already paid her, so I'm going to have to dig the information up myself from those who have dealt with situations such as this. 

nsuarezlp
New Member

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

Thanks for that. I get it, taxable only by my SLR. What I don't get is she told me the reason for filing state tax where I'm at is because I own property here and paying property tax and also have an online business which I'm running from my current location (no income, and if so, shouldn't be taxable as there are no goods involved). Is this true? 

TomD8
Level 15

Is my CPA supposed to file a state return for my current state if I'm in the National Guard (a non tax state) deployed to another state for temporary duty (tax state)?

What state are you currently living in, and are you there only because you're on deployment?

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