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Tax Question

RiceOwl06

Registered User
I've done some researching, including calling mypay and my state tax office, but I haven't found a good answer. My state (New York), charges state income tax, but as long as you aren't there for 30 days or more, you can get all of the money back. My question involves what is the best way to get that money back. DFAS wouldn't just withhold it, but I know I could list like 99 exemptions and that would work. I would just think that could raise some red flags. Has anyone been in the same boat as me, and found a way to not be charged their state's tax? I'm sure I can fill out some form and get it back next year, I just would like money now rather than later. Thanks for the help.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
I've done some researching, including calling mypay and my state tax office, but I haven't found a good answer. My state (New York), charges state income tax, but as long as you aren't there for 30 days or more, you can get all of the money back. My question involves what is the best way to get that money back. DFAS wouldn't just withhold it, but I know I could list like 99 exemptions and that would work. I would just think that could raise some red flags. Has anyone been in the same boat as me, and found a way to not be charged their state's tax? I'm sure I can fill out some form and get it back next year, I just would like money now rather than later. Thanks for the help.

Why don't you just contact the NY tax officials and they can tell you the legitimate way of handling the issue. I'll bet they have a website w/ a FAQ. If you end up spending time in FL while in the service, you can have your legal residence changed to FL, which has no state income tax.

Brett

Brett
 

RiceOwl06

Registered User
I did contact them, but both times the lady transferred me to a line that wasn't in service, and 30 minutes were wasted. There is a form online on their website, but it mentions of submitting to a military financial officer, which is why I called DFAS. The lady there had no idea though.
 

Thisguy

Pain-in-the-dick
To go along with Brett, I'm sure you know that Texas has no state income tax, so changing your residency to TX would be an easy solution.
 

JTD

Registered User
The form you need to fill out and take to your admin office is DD Form 2058-1, this form is only applicable for the states of New Jersey, New York, and Oregon. The specific criteria listed on the form is: 1. maintain no place of abode in their state of legal residence during the taxable year. 2. do maintain a place of abode outside state of residence for the entire taxable year. 3. spend no more than 30 days in state of residence during taxable year. Take that form down to your admin office and they should stop withholding state taxes after a couple pay cycles.
 

RiceOwl06

Registered User
JTD22,
Thanks, I'll give that a shot.
To Brett and Thisguy,
Good suggestions, but I've thought about that before and they both seem too difficult, especially for someone who is going to be moving around who knows how many times in the next few years. The main problem is I have no relatives who I could use as my home of record to maintain that residency, nor the financial ability to buy a residence of my own. I guess its my fault in the end being from New York, where it seems like you get taxed excessively for almost everything.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
JTD22,
Thanks, I'll give that a shot.
To Brett and Thisguy,
Good suggestions, but I've thought about that before and they both seem too difficult, especially for someone who is going to be moving around who knows how many times in the next few years. The main problem is I have no relatives who I could use as my home of record to maintain that residency, nor the financial ability to buy a residence of my own. I guess its my fault in the end being from New York, where it seems like you get taxed excessively for almost everything.

You need none of the above to establish FL or TX as your legal residence for tax purposes. All you have to do is go down to PSD and fill out a form - nothing more. I've been a FL resident for 16 years and haven't lived there, nor owned property there for > 6 years.

Brett
 

RiceOwl06

Registered User
So Brett,
Lets say I move to Florida, but I am only there for less than 6 months. Is there anything that I need other than filling out a form to establish resident status for tax purposes? Also, what do you need to do to maintain status once you leave? I have just always been under the impression that resident status involves things like driver license and auto registration, voting, home ownership, and things like that.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
So Brett,
Lets say I move to Florida, but I am only there for less than 6 months. Is there anything that I need other than filling out a form to establish resident status for tax purposes? Also, what do you need to do to maintain status once you leave? I have just always been under the impression that resident status involves things like driver license and auto registration, voting, home ownership, and things like that.

You don't have to do anything other than fill out the form, and you don't have to live there, or maintain a residence. It's a benefit for military members. It's a different concept than where you live, vote, get your driver's lic. I vote in CA, but my legal residence for tax purposes is FL. It really couldn't be simpler. Fill out the form at PSD, no further action required - ever.

Brett
 

gregsivers

damn homeowners' associations
pilot
I left my state of residence as Texas, cause I grew up there. As Brett stated, its just a paperwork thing DFAS has on file, for pay purposes. Saves a lot of money over time, no state income tax. It literally takes a matter of minutes to fill the form out, and voila no more state income tax. You can even have your car still registered/licensed in FL long after moving if you were stationed there.
 

Shadow9660

Registered User
Also, there's about 13 states in which being in the military makes you exempt from paying taxes as a resident- Florida is one, not sure about your state.
- For me, I'm a California state resident, but I'm here in P'Cola. I called several representatives who basically explained that you have a "residence" and a "domicile", the domicile being sort of like your home of record- the place you entered the military from. The domicile you can't change, but the residence you can, if you wanted. In my case, there is a military clause stating that if you are residing- and for most cases, have PCS orders out of the state, then you dont pay taxes (for California) for the entire time your away from the state. And since I'm not a resident of FL, I basically paid NO state tax at all. And if thats the case, why evengo to the trouble of switching to FL (or the new state in your case). I'm not sure if your state is the same, most states have a different set of rules, but I would first see if its one of the exempt states, and secondly, google it's State tax form with "military exemptions" and see what comes up. As a last resort, call the State Tax Board to be sure...good luck
 

HH-60H

Manager
pilot
Contributor
Also, there's about 13 states in which being in the military makes you exempt from paying taxes as a resident- Florida is one, not sure about your state.

Actually, being in the military has nothing to do with it. Florida does not have state income tax at all.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
And if thats the case, why evengo to the trouble of switching to FL (or the new state in your case).

Because some states with the military exemption (Oregon being one) still require you to file a return - what a hassle. Switching takes about 10 minutes at PSD in exchange for a career's worth of hassle free state taxes (none). Obviously, each individual must determine what works best for them - just have all the facts.

Brett
 

Thisguy

Pain-in-the-dick
Because some states with the military exemption (Oregon being one) still require you to file a return - what a hassle.

I hear people say all the time "Yeah, but I get it all back." My retort is, "Yeah, and I don't have to fvcking file state income tax." That usually shuts 'em up pretty good.
 
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