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January 26, 2020
Question

Husband and I are filing together, he's in the army, I entered his tax information. Does he need to do a different state tax since he is stationed in NY

  • January 26, 2020
  • 1 reply
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1 reply

Carl11_2
January 27, 2020

If the only source of income being reported on your joint return is AD/MIL income and if NY is *NOT* his or your state of legal residence, and neither of you have income from a NY source, you do not need to file a NY state tax return at all.

You only need to file a state return if you have a W-2 or 1099-MISC that shows wages paid and taxes withheld for a specific state. On the W-2 that would be boxes 15-17.

Even then, for AD/MIL many of the 37 states that tax personal income do not tax AD/MIL income provided the military member was stationed outside of their HOR/SLR for the entire tax year. Additionally, under certain circumstances the non-military spouse of an AD/MIL member does not have to pay state taxes to the state they worked in either, if it was a state other than their SLR.

HOR - Home of Record

SLR - State of Legal Residence (Has nothing to do with the state you are stationed in)