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how to exclude military money within the NY return,

financialI
Level 2

CX is active duty and has a W2- with box 16 filled out NY state income. Now CX did not live in NYS all year and moved to Spain still on active duty. 

NY states if not a resident, the active duty pay should be exempt. Proseries is taxing this. How can i make this income exempt from NYS? 

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5 Comments 5
sjrcpa
Level 15

Of what state is he a legal resident, according to what is in his military paperwork?


The more I know the more I don’t know.
lbones
Level 5

If his domicile is New York, he is required to pay NYS income tax on his earnings.  Your domicile is the state of your permanent home, or the state you consider your home whenever you are elsewhere

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financialI
Level 2

even though, the CX lived in CA half the year and then moved to Spain remainding?

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lbones
Level 5

Taxability of military pay

The taxability of your military pay is determined by your residency.

  • If you are a resident of New York State, your military pay is subject to New York State income tax to the same extent it is subject to federal income tax.

Resident status and filing requirements

Rules for all taxpayers

To determine if you are a New York State resident for income tax purposes, you must consider where your domicile was and where you maintained a permanent place of abode during the tax year.  For more information, see income tax definitions to determine your resident status.

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financialI
Level 2

CX is not a resident of NY- did not live in NY.

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