Active duty military

Forum|Forum|1 year ago
January 20, 2025
2 replies
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My home of record and state of legal residence is Guam. I PCSd to Georgia in Aug 2024. I have a w2 from my job in Guam and then of course my w2 from the army. Where do I file my taxes? Can I file them in Georgia does it need to be Guam?

SteamTrain

Employee

No...it likely needs to be Guam

As a military service member, your state for filing remains the state for your HOR/SLR, unless you legally change your SLR with a DD2058 to the state you are PCS'd to. (Pretty sure this applies to US Territory HOR/SLR also)

One of the reasons for this, is that it prevents you from having to file messy part-year tax returns for former and new post when you PCS to a different state every few years....also, if SLR state changed automatically, you might also be required to get new driver's license, re-register vehicles, voter registration...etc...etc..every time you went to a PCS post in a new state.

So it's locked without you taking extensive special steps to change it by satisfying the requirements before submitting a DD2058.

What is my military state of residence?

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TTX can't file Guam for you though...you might have to go to the Guam website to get their forms...but few, if any, in this forum would be knowledgeable about what is required for Guam, But frow what I can see, they don't appear to have their 2024 forms up yet....last year they brought their 2023 forms up at the end of January:

Online Services Help | MyGuamTax.com

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BUT, I really think you need to get some local Professional help for this. AND...if you still have family back in Guam, have then go into the Guam tax office and ask about how you are supposed to file...maybe Guam exempts their military people form filing? Maybe not.

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

TomD8

Employee

You must file in Guam. Your military pay is not taxable by GA.

Per page 4 of IRS Publication 570, military servicemembers who were bona fide residents of Guam prior to entering service remain Guam residents regardless of where they are stationed.

https://www.irs.gov/pub/irs-pdf/p570.pdf

You need to file your taxes on a Guam 1040. As @SteamTrain said, the 2024 forms have not yet been published.

https://www.guamtax.com/forms/2023Form1040.pdf

According to this website, military pay is taxable in Guam:

https://myarmybenefits.us.army.mil/Benefit-Library/State/Territory-Benefits/Guam#:~:text=Guam%20Taxes%20on%20Military%20Retired,distributions%20may%20incur%20higher%20taxes.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

SteamTrain

Employee

@Mish92

And, Please note this help page frum an Air Force site about paying taxes for Guam members:

Territory of Guam Military and Veteran Benefits | An Official Air Force Benefits Website

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They indicate that you ONLY file the Guam tax forms...to Guam. I noticed that those forms are essentially the US tax forms, but with a Guam header.

Thus, it appears you do NOT file taxes to the US-based IRS, and only to Guam.

But, seek legal help from Post legal services for this to make absolutely sure this is the case.

Also, if you also know any other log-term Guam military members, it might be helpful to talk to them to confirm the proper procedure...somebody in-service 5 years or more would probably know for sure.

You probably cannot use any of the regular US-based software services for doing this...only the Guam tax department as noted in the above comments.

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

TomD8

Employee

You may find it easier and more secure to prepare and e-file your Guam return online. You'll find the instructions here:

1040 E-filing FAQ | MyGuamTax.com

(It appears that the 2024 e-filing for Guam has not yet been activated.)

If your only income in Georgia was your military pay, then the Guam 1040 is the only tax return you need to file. Guam has no state return; Guam is not a state.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.