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New Member
posted Jan 21, 2025 9:32:52 PM

I am a Military member from New York. Do I meet condition 1 of Group A nonresident status, not maintaining a permanent place of abode, if during leave I stayed at my moms

The address I stayed at was my Home of Record. I do not contribute to their rent, and I slept on the couch when I was visiting. Does this situation still meet the condition of "living quarters maintained for your use by another person, family member".

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1 Replies
Expert Alumni
Jan 22, 2025 5:58:59 AM

If you are using Groups A to claim Non-residency, then you would need to meet ALL three conditions under group A. So if you do not have a permanent home elsewhere that you are maintaining, then yes, sleeping on your moms couch would be considered a home maintained for your use by another person, family member. 

 

"If your permanent home (domicile) was in New York State when you entered the military but you meet all the conditions for nonresident status (of either Group A or Group B), your military pay is not subject to New York State income tax." Information for military personnel and veterans