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Hello, I am in the military and my family moved from New York to Pennsylvania. I still pay new york taxes although I don't have any connection to the area. Would there be any way I could be exempt fro

 
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2 Replies
KrisD15
Expert Alumni

Hello, I am in the military and my family moved from New York to Pennsylvania. I still pay new york taxes although I don't have any connection to the area. Would there be any way I could be exempt fro

When you are military, you can change your state of residence by filling out DD Form 2058 and submitting it with your HR department. 

That is the state you will pay tax to (if they have a state income tax) no matter where your boots are. 

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Hello, I am in the military and my family moved from New York to Pennsylvania. I still pay new york taxes although I don't have any connection to the area. Would there be any way I could be exempt fro

Yeah...but...a DD2058 is only "normally" used if you are posted to a non-taxing state, like TX or WA, or FL..

 

IF your new post is in PA, and you DD2058 as your new State of Legal Residence (SLR)  then you have to pay PA taxes as long as you are posted in PA...and in the year of the change, would have to file messy NY and PA part-year tax returns.

 

If NY is your actual HOR right now, you leave the DD2058 alone as it is never  something you "have" to file unless you do decide the change your SLR state to the one you are posted to.  (just keep it in mind if you ever get posted to TX or other non-income-taxing state) 

 

 

Now, as I recall, if NY is your HOR, NY only taxes that military income if you are actually posted or living in NY more than 20 days during the year...so if you are posted out of NY for almost all of the year, then the military income isn't taxed...group A:

 

https://www.tax.ny.gov/pit/file/pit_definitions.htm#GroupAB

 

 

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
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