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I am active duty stationed in GA. My state of residence is WV. It says I owe WV state tax. I was not in WV for more than 20 days in 2021. Do I owe that tax?

 
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3 Replies
DawnC
Employee Tax Expert

I am active duty stationed in GA. My state of residence is WV. It says I owe WV state tax. I was not in WV for more than 20 days in 2021. Do I owe that tax?

Yes, but go back through the personal information section and make sure you have it set-up correctly.   As an active duty service member, you are a resident of WV and a nonresident of GA.   WV taxes your military income, but not the state of GA.   You don't have any tax liability in the state of GA unless you worked a civilian job while you were stationed in GA. 

 

Residents entering military service remain West Virginia residents for income tax purposes, regardless of duty station state, until a change of legal residence has been made.  Make sure you have entered WV as your residence state.   Georgia should only be listed if you had a civilian job there.  And if so, it goes under ''Other State Income''.   

 

State Military Filing Rules

 

To find out if you need to file a state tax return when you aren't stationed in your resident state, check out Military Information on State Websites, which has links for active duty military and their spouses in each state. If you have non-military earnings, review Civilian Pay Earned by Active Duty Military.

 

IMPORTANT: The Military Spouse Residency Relief Act (MSRRA) describes where spouses of military service members can file state income taxes. For more info, see Military Spouses and State Taxes.

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I am active duty stationed in GA. My state of residence is WV. It says I owe WV state tax. I was not in WV for more than 20 days in 2021. Do I owe that tax?

I read that if you are not physically present in the state for 30 days within the year, you would not owe the tax.  So, that is wrong, you're saying I do owe the tax?

LeonardS
Expert Alumni

I am active duty stationed in GA. My state of residence is WV. It says I owe WV state tax. I was not in WV for more than 20 days in 2021. Do I owe that tax?

 

Yes, "...generally speaking, military personnel are subject to tax in their "home of record," which is the state where they resided at the time of their enlistment or commissioning.

 

Under federal law, states are prohibited from taxing the military income of nonresident service members who are stationed in their states. Note, this protection only applies to military income. If you also have a nonmilitary job, you'll be subject to paying resident state income taxes on those wages...."  Ref: Military.com Tax Tips for Two-State Residents

 

 

 

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