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candacemm
New Member

I lived, worked

At 20, I was learning how to do taxes and was guided by free tax assistance. I havent had any KS based transactions/nor claimed on taxes to ever live/reside in KS for past 14yrs. I was always would have my PII Gov docs sent to a family member's address due to my multi addresses/moves
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3 Replies
Hal_Al
Level 15

I lived, worked

Just having your mailing address in KS does not obligate you to filing a KS return.  But, it could raise a red flag with the KS tax people.  That said,  there is not enough info to answer your presumed question, do you need to file a KS tax return. 

It kinda sounds like you've been out on your own since age 6 (At 20,....past 14yrs)!

 

The typical situation is you're a student away at school and KS is where your parents live.  In that case you're still a KS resident, until you take concrete steps to not be a KS resident. 

 

"Resident individual means a natural person who is domiciled in this state. A natural person who spends in the aggregate more than six months of the taxable year within this state shall be presumed to be a resident for purposes of this act in absence of proof to the contrary. A nonresident individual means an individual other than a resident individual." http://www.kslegislature.org/li_2012/b2011_12/statute/079_000_0000_chapter/079_032_0000_article/079_...

candacemm
New Member

I lived, worked

Thank you for the feedback. I apologize for confusing grammar. My concern is that I recieved a owed KS state tax bill in 2020 for 2019 taxes. I tried to contest with stating that I was have not lived/worked/or conducted business in KS for past 14yrs & have been in military for 13 yrs with my home of record  is New York. I paid because I was threatened with wage garnishing and was instructed to file an amendment if I wanted to dispute it. I want to know If it "would I be in my within my rights if I amend my past three returns to make corrections to my residency by removing KS and re-file with my original home for record (NY)?"

 

RobertB4444
Expert Alumni

I lived, worked

Absolutely.  Being active duty military with NY as your home of record means that Kansas has no claim on any of your money - and they know it.  You should amend 2019 and 2020 AND 2018 if it's applicable (you have until April 15, 2022 to amend 2018).  

 

Before amending, however, be certain that command has you down with NY as your home of record.  If they've got Kansas your reporting requirements are different.

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