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nikki3
New Member

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

 
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6 Replies
DanielV01
Expert Alumni

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Are you still in the military, and do you live in barracks or on post?
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nikki3
New Member

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Yes, still in the military. I live in the barracks.
nikki3
New Member

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Correction. But my LES still states NY as my HOR.
nikki3
New Member

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Thank you. So I would select full-time resident in NY?
DanielV01
Expert Alumni

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Yes.
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DanielV01
Expert Alumni

While in the military, my family moved to North Carolina in Nov 2017, but my LES still says NY on my HOR. I'm I legally still a resident of NY?

Yes.  When you are active-duty, changing states because of PCS orders does not change your SLR.  Some states, however, consider that when a member of the military whose SLR is their state is stationed outside of the state, they are not considered to be residents and their military income is not taxed.  New York follows that to a degree.  New York would consider you to be a nonresident for tax purposes (and your military income exempt from NY tax) if, according to the following site NY Definition of a Resident

  1. You did not maintain any permanent place of abode in New York State during the tax year; and
  2. You maintained a permanent place of abode outside New York State during the entire tax year; and
  3. You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year.

The definition "permanent place of abode" is key here.  New York does not consider a military member living in barracks to be considered "maintaining" a permanent place of abode outside of New York.  Based on this, your SLR continues to be New York and subject to New York tax unless you do begin to maintain a permanent place of abode outside of New York state.

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