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June 4, 2020
Question

If I'm military and was away for a few months but not deployed overseas am I still considered a resident of my native state or not?

  • June 4, 2020
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2 replies

June 4, 2020

Your domicile generally remains the same no matter where you are, unless you take steps to end your domicile in one place and establish it in another.

 

Thus, working temporarily out of state does not change your domicile (residence) if you took no steps to end your domicile in your home state.

 

For the military, it's a bit different, because you can establish and maintain your home of record whether or not you still live there.

 

Thus, if your home of record is Texas, then that is what you report even if you are working outside of Texas for a few months - unless you take steps to change your home of record.

 

Generally, states do not tax nonresidents on their military income, but do tax nonmilitary income made in their state.

 

Does that answer your question?

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Carl11_2
Employee
June 16, 2020

Being military does not change your "resident state" regardless of where you may be stationed under military PCS orders, unless you personally go down to the base personel office and take physical action to change your resident state (after meeting the requirements of our new resident state, of course.)

If you were out of state on official military orders, then it matters what state. That's because if you were gone for less than a year, then most likely it was under TDY orders - not PCS orders. If that's the case them some states will exempt your military pay that was earned outside of that resident state on TDY orders from state taxes, while other states will not. So it matters what state.

Being military there is a difference between your Home of Record/Resident state, and the state where your domicile is. Generally when your residnet state is the state your domicile is in, you pay state taxes to that resident state. But when your domicile is in another state because of PCS orders (not TDY orders) then the resident state doesn't tax your military income.

The above is not always true for non-military pay, if you work a 2nd job outside of military service.