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kyleeast13
New Member

My husband and I both list Missouri as our home of record but we were stationed in NY, when I try to file it says we have different residency statuses. Why?

 
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SteamTrain
Level 15

My husband and I both list Missouri as our home of record but we were stationed in NY, when I try to file it says we have different residency statuses. Why?

Check the information on the " My Info " page.

I suspect that for one of you, you indicated that you "Moved" to NY, or indicated that one of you was a NY resident in 2018.

When both spouses in a military family are claiming the same HOR state.....then they are both residents of that state for the whole year and never "move".  So you need to make sure that both of you are listed as MO residents for the year.....all year.

The mailing address doesn't impact that. so that can be your NY address.
________________
Next...do you have to file a NY non-resident tax return?...Usually No....BUT

1)  IF the civilian spouse didn't work in NY, or worked a NY W-2 job in which no NY taxes were withheld because the proper forms were given to the employer to claim MO residency....then No NY Nonresident return is needed.  (At the bottom of the My Info page you do NOT indicate you worked in NY in this case...it is treated as MO income)

2) If the military person, worked an off-duty civilian job in NY, or if either spouse worked as a self-employed person in NY, then a NY non-resident tax return is required for that income.

3) If the couple owned a rental property in NY, that the receive income from, then a NY non-resident tax return is required for that income.
______________
anything else?
____________*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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1 Reply
SteamTrain
Level 15

My husband and I both list Missouri as our home of record but we were stationed in NY, when I try to file it says we have different residency statuses. Why?

Check the information on the " My Info " page.

I suspect that for one of you, you indicated that you "Moved" to NY, or indicated that one of you was a NY resident in 2018.

When both spouses in a military family are claiming the same HOR state.....then they are both residents of that state for the whole year and never "move".  So you need to make sure that both of you are listed as MO residents for the year.....all year.

The mailing address doesn't impact that. so that can be your NY address.
________________
Next...do you have to file a NY non-resident tax return?...Usually No....BUT

1)  IF the civilian spouse didn't work in NY, or worked a NY W-2 job in which no NY taxes were withheld because the proper forms were given to the employer to claim MO residency....then No NY Nonresident return is needed.  (At the bottom of the My Info page you do NOT indicate you worked in NY in this case...it is treated as MO income)

2) If the military person, worked an off-duty civilian job in NY, or if either spouse worked as a self-employed person in NY, then a NY non-resident tax return is required for that income.

3) If the couple owned a rental property in NY, that the receive income from, then a NY non-resident tax return is required for that income.
______________
anything else?
____________*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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