Skip to main content
March 9, 2023
Question

How do you force a non-resident return for home of record (military) where state authorizes it but TurboTax keeps getting it wrong.

  • March 9, 2023
  • 1 reply
  • 0 views
CT requires I file as a non-resident (do not maintain a home, do not earn money in the state, did not live/stay in the state for more than 30 days). It's my home of record and I am active duty military. CT requires I file as a non-resident however turbo tax keeps trying to file me as a resident. How do you fix this?

1 reply

March 9, 2023

There be nothing to fix because your military compensation may not be subject to Connecticut income tax.  If your domicile was not CT when you entered the military and you were later assigned to active duty in CT, you do not become a CT resident even if you were to maintain a permanent place of abode in CT.  In such circumstances, you are correct in that you would be a CT nonresident and your military compensation would not subject to CT income tax.

 

If your military compensation is not subject to CT income tax, then you do not need to file a CT return.  However, other income that you receive from CT sources while you are a nonresident may be subject to tax.  For example, if you had a civilian job in CT during your off-duty hours, the income you received would be subject to CT income tax.  

 

Income or gain received by a nonresident from property located in CT or from a business, trade or profession carried on in CT would also be subject to tax.

 

@tayloruk2017 

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
March 11, 2023

Home of record: CT

Duty location outside of: CT

1. No property in CT

2. No income from CT

3. Did not stay in CT for more than 30 days.

 

Had CT tax was withheld.

According to CT Tax law IP 92(2), I file as a non-resident with a CT-1040NR/PY. 

Application (Website) keeps forcing a resident filing. This is incorrect and needs to be fixed.

March 12, 2023

Most state programs in TurboTax let you to adjust your residency in the state section. Connecticut does not give you that option.

 

In My Info, use the state where you are stationed as your state of residence as of December 31, 2022 to product a nonresident Connecticut return.

 

If you enlisted in the service as a Connecticut resident and have not established a new domicile (permanent legal residence) elsewhere, you are required to file a resident income tax return unless you meet all of the following conditions for the entire taxable year:

 

  1. You did not maintain a permanent place of abode in Connecticut;
  2. You maintained a permanent place of abode outside Connecticut; and
  3. You spent 30 days or less in Connecticut.

If you meet all three conditions, you are a nonresident of Connecticut for the taxable year.

 

See IP 99(32) Connecticut Income Tax Information for Armed Forces Personnel and Veterans

 

Thank you for your service.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"