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Level 2
January 26, 2022

Part year or nonresident state return for military families

  • January 26, 2022
  • 1 reply
  • 8 views

Hello everyone! Hope someone can help me here. For a military family who's home of record is NC but moved to NY in August due to military orders, do I need to file a NY state return at all? I went blank for a minute.

Service member (husband) got his w2 with NC income

Wife worked only in NC until May, no income in NY

Residency dates:

NC 01/01/21 - 07/31/21

NY 08/01/21 - 12/31/21

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    1 reply

    sjrcpa
    Level 15
    January 26, 2022

    Military personnel retain their state of record residence no matter where they are stationed.

    The spouse can elect to maintain the residence of the military spouse.

    Doesn't look like you need to file NY

    The more I know the more I don’t know.
    Level 2
    January 26, 2022

    Thank you!