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JUULpro
New Member

I PCS'd (military) to Texas from Colorado in May. Turbotax software is making me fill out a state tax form for Colorado. Do I need to? It also says "No need for Texas..."

While filing my Federal taxes, it didn't allow me to fill out state taxes because "Texas doesn't make military members file income tax" But, now, it wants me to file for Colorado, even though I only lived there for 4-5 months. Do I need to file Colorado state tax?
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4 Replies
maglib
Level 10

I PCS'd (military) to Texas from Colorado in May. Turbotax software is making me fill out a state tax form for Colorado. Do I need to? It also says "No need for Texas..."

From a tax standpoint, your State of Legal Residency (SLR) is considered your “domicile” or “resident” state as long as you are on active duty. Even if you are stationed in another state, you’re still considered a resident of your SLR (only your resident state and the Fed can tax your military income). A state of legal residence, or domicile, or legal domicile, is the place where the service member thinks of as home, the state where you intend to live after you leave the military. Your state of legal residence may change throughout your life. Often your voting records, drivers license being registered determine your state of residency.

To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted.  You would also want to change your other records such as DL, and voting records and notify the IRS of a change of address.

So unless you filed DD Form 2058, your SLR is CO and you file as a full year resident of CO.  (Do note that many military do change their SLR to non-income tax states).


A “resident” is a person who considers his/her home state to be Colorado. A “nonresident” is a person who considers his/her home state to be another state. A “part-year resident” is a person who considers himself/herself a resident of Colorado for part of the year and a nonresident for the other part of the year.   https://www.colorado.gov/pacific/sites/default/files/Income21.pdf

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JUULpro
New Member

I PCS'd (military) to Texas from Colorado in May. Turbotax software is making me fill out a state tax form for Colorado. Do I need to? It also says "No need for Texas..."

I believe I changed my SLR to Texas, as my pay stubs have listed "TX" as my state tax withholding. That being said, I believe I'm not required to file state taxes at all because Colorado does not require it for non-residents and Texas does not require state taxes for military. So, would I just not file state taxes?
maglib
Level 10

I PCS'd (military) to Texas from Colorado in May. Turbotax software is making me fill out a state tax form for Colorado. Do I need to? It also says "No need for Texas..."

You would owe CO for the period of residency then as a part year resident until you filed the DD Form 258 or you transferred.  TT would help you apportion income to CO during the interview.  No state tax for TX to file.
**I don't work for TT. Just trying to help. All the best.
***Say "Thanks" by marking as BEST ANSWER and clicking the thumb icon in a post and that I solved your question
**Mark the post that answers your question by clicking on "Mark as Best Answer"
I am NOT an expert and you should confirm with a tax expert.
JUULpro
New Member

I PCS'd (military) to Texas from Colorado in May. Turbotax software is making me fill out a state tax form for Colorado. Do I need to? It also says "No need for Texas..."

I didn't mark your question as anything because I wanted to make sure I fully understood before I gave it a review.
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