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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7212
Experience:  15years with H & R Block. Divisional leader, Instructor
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My son, a civilian Federal Department of Defense employee,

Resolved Question:

My son, a civilian Federal Department of Defense employee, has worked in Afghanistan for the entire calendar year 2011. Could you tell us if he has to pay state income taxes? If so, which state? State income tax was not withheld from his paycheck.

Thank you.
Submitted: 2 years ago.
Category: Tax
Expert:  Robin D. replied 2 years ago.

Robin D :

Hello and thank you for using Just Answer.
The state that your son would be required to file and pay tax would be dependent on the state that he was a resident of prior to working abroad. Just because he was not physically in the state may not mena that he stopped being a resident for tax purposes. You listed Maryland in your question, if Maryland was his regular resident state then he will need to file a Maryland return for 2011. Maryland does offer a deduction for this since he will not be allowed to use the Foreign Earned Income Exclusion on his federal. US employees are not granted the Foreign Income Exclusion on wages paid by the US government.

Expert:  Robin D. replied 2 years ago.

The above should have read "does not offer the deduction...."

Your son would retain his maryland residency for 2011.

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Customer: replied 2 years ago.

Prior to leaving for Afghanistan in January, 2011 he lived and was training in two other states for July - December 2010. And prior to that, he lived for two years in Washington, DC where he went to school. (1) Where is his residence?

 

Also, (2) since his income was earned in Afghanistan, is this not income exempt from state income taxes?

 

Thanks.

Expert:  Robin D. replied 2 years ago.
No, his income is not automatically excluded. The fact that he worked for the US government as an employee makes it unallowed to exclude the income. The state that was his residence when he left the US to work abroad remains his state. You said he was in a state from July to December, but, you did not say which state. If you like I can look into their residency requirements. You will have to tell me the specific state and how he filed in 2010 for that state (part year??? I am assuming, if not what state did he file for 2010?)
Customer: replied 2 years ago.

Sorry for the delay in responding; Holiday travels.

 

My son was in Missouri for 6 months in 2010 prior to leaving for Afghanistan. Prior to that, he lived in Washington, D.C. for two while he was in school.

 

I checked the Maryland website and found the following:

 

"Nonresidents

If you are a nonresident of Maryland, you are required to file Form 505 (Maryland Nonresident Income Tax Return) and Form 505NR (Maryland Nonresident Income Tax Calculation) if you have income derived from:

  • Tangible property, real or personal, permanently located in Maryland;
  • A business, trade, profession or occupation carried on in Maryland; or,
  • Gambling winnings derived from Maryland sources.

You are not required to file as a nonresident if:

Since my son did not live (reside) in Maryland in 2011 and had no income from a Maryland source, does he have to file a return. If your answer is yes, does he file a non-resident return?

 

Thank you.

Customer: replied 2 years ago.

More information from the Maryland instructions book:

 

You are a resident if your permanent home is in Maryland (the law refers to this as your domicile) or your home is outside Maryland but you maintained a place of abode (that is a place

to live) in Maryland for more than six (6) months

(183 days) of the tax year and you are physically

present in Maryland for 183 days or more (you

are a statutory

resident).

You are a part-year resident if you established

or abandoned legal residence during the tax year.

If you are an active duty military member, see

Instruction 27.

Expert:  Robin D. replied 2 years ago.

Hello again,

If your son was in Missouri prior to leaving then that would be his state. I spoke of Maryland because that was the state that was listed with your question. Based on your info I would said that NO, he is not required to file a Maryland return at all.
For Missouri your son can be a nonresident and not required to file there if he meets their requirements as such.

Resident - An individual who is domiciled in Missouri, unless the individual:

  1. maintains no permanent place of abode in this state;
  2. does maintain a permanent place of abode elsewhere; and
  3. spends in the aggregate not more than 30 days of the taxable year in Missouri.

If he was living in MO when he left and did not retain ties to Mo then he is not a resident of that state for 2011.

Here is a link to the MO quick diagram (flowchart) that helps determine residency:
http://dor.mo.gov/pdf/nonres_flowchart.pdf

 

I really important factor would be what state did your son list with the government when he accepted the position upon leaving. What driver's license did he retain? Is he registered to vote in a state? Did he retain ties to any specific state as far as home or property? That would be the state that would need closer inspection.

Customer: replied 2 years ago.

Thank you for your quick response.

 

My son listed my address in Maryland with the government when he accepted the position, he is registered to vote in MD, has a MD driver's license but has no home or property in MD. Assuming based on this that he has to file a MD return, can it be a non-resident return?

 

Thank you and Happy New Year.

Expert:  Robin D. replied 2 years ago.
Yes, he is a Maryland taxpayer. He can file as a nonresident for 2011.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7212
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 6 other Tax Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.
Expert:  Robin D. replied 2 years ago.
You are welcome
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7212
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 6 other Tax Specialists are ready to help you

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