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June 1, 2019
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I am active duty military. My state of residency is Florida. I lived in NM and GA in 2018, the majority of time being in GA. What do I put as residency state for income?

  • June 1, 2019
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Best answer by KarenJ2

I am not sure what GAA i2018 refers to .  Please let me know if you have additional questions.

If your state of residency is Florida, then that would be the state where you would file a resident tax return (if they had an income tax).  So you do not need to file a resident return.

You are considered a nonresident of NM and according to their rules and you do not need to file a nonresident return unless you have income besides your military pay.

"If your permanent home (domicile) was in New Mexico when you entered the military, but you have established domicile in another state and changed your legal residence for withholding state income tax, your military pay is not subject to New Mexico income tax."

Please see the instructions for NM 2018 PIT-1, page 2

You are considered a nonresident in GA, see below

"Nonresidents. Military personnel who are not legal residents of Georgia are only required to file a Georgia income tax return if the person earns income during their off duty hours from sources in Georgia or if the person has income from property located in Georgia or the person receives business income from Georgia sources. If required, nonresident military personnel should file Georgia Form 500 and use Schedule 3 to calculate Georgia taxable income. (See pages 17 -18 for instructions on completing Schedule 3.)"  See page 10 in the following link
https://dor.georgia.gov/sites/dor.georgia.gov/files/related_files/document/TSD/Booklet/IT-511/2018_I...


1 reply

KarenJ2Answer
June 1, 2019

I am not sure what GAA i2018 refers to .  Please let me know if you have additional questions.

If your state of residency is Florida, then that would be the state where you would file a resident tax return (if they had an income tax).  So you do not need to file a resident return.

You are considered a nonresident of NM and according to their rules and you do not need to file a nonresident return unless you have income besides your military pay.

"If your permanent home (domicile) was in New Mexico when you entered the military, but you have established domicile in another state and changed your legal residence for withholding state income tax, your military pay is not subject to New Mexico income tax."

Please see the instructions for NM 2018 PIT-1, page 2

You are considered a nonresident in GA, see below

"Nonresidents. Military personnel who are not legal residents of Georgia are only required to file a Georgia income tax return if the person earns income during their off duty hours from sources in Georgia or if the person has income from property located in Georgia or the person receives business income from Georgia sources. If required, nonresident military personnel should file Georgia Form 500 and use Schedule 3 to calculate Georgia taxable income. (See pages 17 -18 for instructions on completing Schedule 3.)"  See page 10 in the following link
https://dor.georgia.gov/sites/dor.georgia.gov/files/related_files/document/TSD/Booklet/IT-511/2018_I...


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