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Lawcubed0
Returning Member

Wrong state filed for years - Military

Hello,

 

I'm in the military and my home of record is Indiana. I never did the paperwork to change my HOR.  I just realized that I've been filing my state taxes for the wrong state, Deleware, for the last 7-8 years. I was under the assumption once you got a license in state you became a resident. I lived in Delaware from 2013-2017. Then moved to Germany and filled non resident for Deleware from 2017-2021. Do I file an amendment for non resident state return for all those years? What are my options? 

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2 Replies

Wrong state filed for years - Military

Three years back into the past from Tax Day is the farthest back you can file for a refund.

TomD8
Level 15

Wrong state filed for years - Military

Here are Indiana's rules regarding taxation of military servicemembers:

https://www.in.gov/dor/files/ib27.pdf

 

If your military SLR (State of Legal Residence) is Indiana, then in the Personal Info section of TurboTax, be sure you enter Indiana as your State of Residence.  If your only income is your military pay, answer NO to the questions about living in another state or having income from another state.

 

If your SLR is Indiana, make sure the military withholds IN state taxes from your pay.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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