turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Event: Ask the Experts about your refund > RSVP NOW!
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

 
Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

5 Replies
DMarkM1
Employee Tax Expert

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

You will pay federal taxes and follow the rules of the state that is your home of record for your military pay.  If you have other income from the state you are stationed in, you would file as nonresident in that state and pay taxes on that income.  Here is a link to the state taxing agency pages. You can check the rules for your state(s).  Generally, you are a resident of NY if that is where you were domiciled when you entered the military. However, you could still be a non-resident for tax filing purposes, if you meet certain conditions below.  

 

If your domicile was New York State when you entered the military but you were later assigned to another state or country, your domicile does not change. Accordingly, you generally will remain a New York resident for income tax purposes. However, if you meet all three of the conditions in either Group A or Group B (below) you are considered a nonresident for the tax year:

 

Group A

1. You did not maintain any permanent place of abode in New York State during the tax year; and

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.

 

Group B

1. You were in a foreign country for at least 450 days (any part of a day is a day for this purpose) during any period of 548 consecutive days; and

2. you, your spouse (unless legally separated) and minor children spent 90 days or less (any part of a day is a day for this purpose) in New York State during this 548-day period; and during the nonresident portion of the tax year in which the 548-day period begins, and

3. during the nonresident portion of the tax year in which the 548-day period ends, you were present in New York State for no more than the number of days which bears the same ratio to 90 as the number of days in such portion of the tax year bears to 548.

 

This condition is illustrated by the following formula:

 

Number of days in the Maximum number nonresident portion x 90 = of days allowed in 548 New York State

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

Thanks for the reply but still partially confused.ive been  stationed here in hawaii for 3 years and my home of residence  is ny. I'm considered a non resident of hawaii. So if I follow my state tax laws does that mean I'd still pay the taxes for both federal and state? Even though that money was earned from the stocks while in the military and dont currently pay income tax

DMarkM1
Employee Tax Expert

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

If you are considered a nonresident of NY based on a permanent abode outside of NY then your interest, dividend, stock sales, etc are not NY source income and thus not taxable there.  

 

If you are a resident of NY then those interest and dividends, stock sales, etc would be taxable in NY along with your military pay. 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

yes im considered a resident but i dont pay income tax from my military pay

JohnB5677
Expert Alumni

I'm active military and dont pay NY state income taxes would I still pay both federal and state income tax for my state or where I'm stationed (hawaii) or just federal?

If your home of record is New York, and you do not have a job outside of the military in another state you will only pay taxes in New York for everything.

NY Tax on Military Pay

 

Combat Zone pay

Military pay received for active service as a member of the United States Armed Services in an area designated as a combat zone is exempt from New York State, New York City, and Yonkers income taxes.

 

Service members are entitled to a New York subtraction modification in computing New York adjusted gross income for the amount of combat pay included in federal adjusted gross income.

 

Non-Combat Zone pay

If you are a New York State resident and your permanent home (domicile) was in New York State when you entered the military but you were assigned to duty outside the state, you are still a New York State resident.

 

Your military pay is subject to New York State income tax to the same extent it is subject to federal income tax.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies