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State Tax Residence Change

I changed my legal residence from NC to FL in December of 2019. However the paperwork took awhile to process so I was still taxed by NC until June of 2020 when it officially changed to FL.  For filling my 2020 taxes, must I pay NC Jan-May taxes until the paperwork caught up or can I file to refund from NC? If the later, is the DD2058 Legal Residence form sufficient to show proof that I changed residency in 2019 in the event I am audited? Thanks!

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1 Reply
TomD8
Level 15

State Tax Residence Change

My suggestion would be to file a non-resident NC tax return on which you allocate zero income to NC.  That will result in your withheld NC taxes being refunded to you.  If your return is questioned by NC, I would at that point submit a copy of your DD2058 with its 2019 date.   No one can guarantee that NC will accept the DD2058 as proof of your residency change, but for what it's worth the NC DMV accepts "military documents" as proof of residency.

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

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