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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26291
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My question is regarding State of Legal Residence. While

Resolved Question:

My question is regarding State of Legal Residence.

While on Active Duty I have declared Florida as my State of Legal Residence since 1992.

It has been my intent to permanently retire in Florida and continue to register to vote in that state.

I retired from the Navy after 23 years on Guam in Dec 2011. In Dec 2011 I was hired by the Navy as a GS-12, also on Guam (one month overlap, which is perfectly legitimate). As jobs are hard to come by I continued to stay on Guam rather than moving to Florida with no job.

Life circumstances have changed dramatically and I will be moving with my wife, a U.S. Green Card holder and Philippine resident to the Philippines while she cares for her elderly mother. The time period is indeterminate and based on the longevity of her mother.

Question: What tax laws do I need to concern myself with regarding my status as a legal resident of Florida.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You have to concern yourself with US tax law. As a US Citizen, you are subject to US tax law. So you will need to file taxes with the US Government.

However, if you are no longer on active duty, and are moving to an overseas location, then you will not have to file state taxes UNLESS you have business or property in a particular state.

State tax law is tied to residence.

You are correct that since you joined in FL, and maintained residence in FL during your service, you were proper to file in FL.

But now that you are retired, and not living in FL, you will not have a duty to file in FL or any other state.

The exception will be if you own property or a business in one or more states...in such a case you may be required to file in that particular state.

But short of that? There is no requirement to file a state tax return if you do not live in the state.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26291
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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