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ronjrsm32
Returning Member

Active Military

My son is active military out of state all year.  He is a Pennsylvania resident stationed in Maryland.  Pennsylvania Dept. of Revenue replied to me that he doesn't have to file a state return because he is stationed out of state.  Maryland Dept of Revenue web site says that if he is a resident of another state active military personnel working in Maryland no state return is required.  However, it doesn't seem right that he doesn't need to pay any state tax in both states.  But when I contacted Maryland I received no reply.  Can anyone shed some light on this subject?

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3 Replies
DMarkM1
Employee Tax Expert

Active Military

Everything you have received is correct.  He does not have a state filing requirement if his income is only military pay.  This is not that uncommon for military filers.

 

PA filing requirements for residents is at least $33 in PA Gross Taxable Income.  Military pay for duty outside of PA is not PA Taxable Income.  So unless he had other income sources that exceeded $33 then he does not have a PA filing requirement.  

 

Here is the PA DOR reference and instructions for PA-40

 

MD DOR says military personnel who are residents of another state and only have military source income do not have a filing requirement in MD.  

 

Here is a MD reference.

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ronjrsm32
Returning Member

Active Military

No.  Your answer just regurgitated what I said. I already knew what is on their state sites. Read my question again.  That means he will not pay any state income tax in his home state and no state income  tax in the state where he is stationed.  How can he be exempt from both states' taxes and pay no state income taxes anywhere?

 

DMarkM1
Employee Tax Expert

Active Military

He doesn't have to pay state taxes to the two states involved because those are the state's laws.  He does not have a state tax liability to the two states you have posted as referenced.    

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