Amending Previous Years NYS Tax Returns - Active Duty Military

[oistadg98]

Hello!

I have been in the US Air Force on Active Duty status for coming on seven years now.  I recently was informed that I should be filing as a NYS non-resident/Active Duty Military status.  I do meet eligibility requirements to be NYS Tax Exempt per group A requirements (below): 

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 (a part of a day is a day for this purpose) in New York State during the tax year.

I claimed non-resident status for this year, 2022.  I have lived out of state and met this criteria for the past 6-or-so years per Group A, am I able to go back and amend previous years State tax returns to get these taxes returned to me and if so how far back am I able to go?  Thank you in advance for your time and knowledge.  

-Greg

[DMarkM1]

Yes.  You are correct most military with NY as their home of record who are stationed in another state are considered nonresident for NY tax purposes.  

Yes, you can amend your state taxes to have any NY paid taxes refunded.  Generally you can go back 3 years from your original filing date.  So you can amend 2021, 2020, and 2019.   

You also should have your finance office stop withholding any NY taxes going forward so you should not need to file in NY.  

1. Sign in to your TurboTax account
2. In the "Your tax returns and documents" section select the year you wish to amend.  
3. Then select "Amend" and follow the steps to "Amend your state return.

Be sure you have a copy of your original return before starting your changes. You will need information from that.

Here is a link with helpful information.