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Returning Member
posted Jan 7, 2020 10:12:26 AM

Military - Which state to claim? Need Help!

Late filing taxes - I'm national guard, was living in Virginia and working a civilian job - went on active duty March 9th, 2018 through the end of the year and offically moved to WA state during that time (never went back to VA) - do I file my taxes as a Virginia resident or WA? I moved to WA and bought a home. 

0 4 1744
4 Replies
Level 15
Jan 8, 2020 7:53:13 AM

If you moved to WA in 2018 and "abandoned" your previous domicile in Virginia, then for 2019 you are a WA resident.  Presumably you informed the military about the change in your state of residence.

WA has no state income tax, so as a full-year WA resident in 2019 you have no state tax return to file.

 

 

 

Level 15
Jan 8, 2020 9:40:35 AM

If you moved to WA in 2018 and "abandoned" your previous domicile in Virginia, then for 2019 you are a WA resident.

I just want to stress the importance of paying attention to the tax years referenced in the above response. For 2018, you should have, at a minimum, filed a part-year resident return for Virginia. Otherwise, if you filed a full year resident return, then you paid state taxes on all income earned in both states in tax year 2018.

For 2019, you were a WA resident the entire year, provided you met the residency requirements of that state. Those requirements differ with each state, and I don't know them all by heart. But generally, just moving to a state and "claiming" it your resident state is not enough. So while Virginia may no longer be your "tax home" resident state, that does not mean that WA is your resident state. Depending on the residency requirements of WA, you "could" be considered a non-resident still. However, since Washington state does not tax personal income, it's a moot point for tax purposes.

Returning Member
Jan 8, 2020 10:13:11 AM

Exactly, I am trying to decide how to file my 2018 taxes - yes, I am late. 

Level 15
Jan 8, 2020 3:10:41 PM

If you moved out of VA in 2018, then you would file a part-year resident 2018 VA tax return.  You were a VA resident until the day you began living in your new permanent home in WA.  Your income prior to that date is fully taxable by VA.

 

As stated before, there is no WA return to file, since WA has no income tax.