originally From New York now military station in Virginia and paying property tax for a car in Virginia do i still fill for NY return

Forum|Forum|2 years ago
December 3, 2023
2 replies
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hello, I am originally from New York but now I am station in Virginia for the past year and had paid property tax for a car in Virginia twice this year do I file as a nonresident of New York. I also don't own anything in New York.

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DoninGA

Employee

Since your Home of Record or State of Legal Residence is New York, you are required to file resident New York state income tax return reporting all of your military and any other income.

If you do not have Virginia sourced income, other then your military income, you do not file a Virginia state income tax return.

jjqueenzAuthor

would I be a nonresident then?? I don't have any source of income from NY and I don't have any property there either??

DoninGA

Employee

Since you are active military your are still a resident of New York. Your state of residence does not change when you join the military regardless of where you are stationed.

On your military W-2 and your monthly pay stubs you should have had New York state taxes withheld.

TomD8

Employee

@jjqueenz --

You may want to read this NY tax reference:

https://www.tax.ny.gov/pit/file/military_page.htm

If you as an NY resident are stationed in Virginia on military PCS orders, then your military pay is not subject to Virginia income tax.

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