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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7266
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a DoD Civilian, I lived in Ohio prior to my deployment

Customer Question

I am a DoD Civilian, I lived in Ohio prior to my deployment and was deployed as follows:
May 2004 Iraq deployed from Dayton, OH to FT. Bliss TX for deployment to Iraq
Jan 2005 Deployment orders extended for Iraq

2006 - Dec 2006 Deployed to Saudi Arabia/Germany
Dec 2006 - Feb 2008 Deployed from Saudi Arabia to Germany
Jan 2007 Home sold while deployed to Saudi Arabia by my boyfriend via POA
Feb 2008 - Nov 2008 Deployed from Germany to new job Boise ID
Nov 2008 Start 5 year tour back to Iraq and Qatar

I just received a Tax Discovery Notice of $56K for years 2004 -2011. This does not make sense due to the below. Also, I NEVER returned to Ohio after my house was sold, my plane went from GE to Boise, Id. I provided the Ohio tax agent with ALL of my travel orders, but they keep ignoring my DoD Travel Orders, and I included my SF 50 that showed my move to Boise, ID.

All they keep asking for is copy of my W-2s which I do not have access to. I just sent an email to the Tax Commissioner and Governor of Oh. I had mortgage interest and prior to my deployment received refunds from OH...
Can you explain this?
Here is the Ohio Tax law:
Under Ohio's income tax law, a taxpayer is a "resident taxpayer" if the taxpayer is "domiciled" in Ohio. See division (I)(1) of Ohio Revised Code section 5747.01. 4 An individual who is not a "resident" of Ohio for any portion of the year is a "nonresident," but an individual who is a resident of Ohio for only a portion of the taxable year is a nonresident for the other portion that taxable year. See division (J) of Ohio Revised Code section 5747.01. For ease of reading, the department uses the term "part-year resident" to describe a taxpayer who meets “(I),” below, and either “(II)(a)” or “(II)(b),” below:

( I) The taxpayer is a resident for only a portion of the current taxable year and
Submitted: 1 year ago.
Category: Tax
Expert:  Anne replied 1 year ago.

Anne :

Hi

Anne :

Thank you for using justanswer

Anne :

Unfortunately, changing your "home of record" (which is the home you lived in just prior to deployment

Anne :

Home of Record Change

The ability to change your home of record is very limited. In most cases individuals will

not be allowed to change their home of record. An individual’s home of record is a place

recorded as the home of the soldier when commissioned, appointed, enlisted, inducted or ordered

on active duty.

Anne :

However, if you have a break of service for at least 1 full day, THEN you can change your home of record

Anne :

For more in depth information, please see below:

Anne :

http://www.imcom-europe.army.mil/sfac/documents/HomeofRecord%20Change.pdf

Anne :

I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.

Anne :

If you have further questions, please post them here and our system will notify me that you made a posting to this thread

Customer :

What does change of station have to do with my question....the question is that per Ohio tax law, I should not be considered a residence per the info that I provided to you...why did you not address this??? Change of station is already shown by my SF50...why did you respond regarding Change of station, which was not my question

Anne :

I'm sorry that you felt that I didn't address your question correctly., however I've done quite a few taxes for people in the military (Thank you SOO much for serving for our country by the way)

Anne :

What alot of the service people have run into is the same thing you did.

Anne :

As a regular civilian, you could move away, break all ties with OH, and move on

Anne :

You stated yourself that OH has ignored your DOD travel orders, and has billed you for years 2004-2011

Anne :

That's because the state of OH has not accepted your SF50.

Anne :

Once you were deployed from OH, OH became your home of record. It didn't matter that you sold your home, and had no intention of ever coming back..........the state of OH was listed as your home of record.

Anne :

In the US Military, there is a difference between the terms "Home of Record," and "Legal Residence."

"Home of Record" and "Legal Residence" may, or may not be the same address. One's "Home of Record" is the place one was living when they entered the military (or, re-enlisted in the military, if one chooses).

In every case the burden is on the individual to justify a change to the home of record tofile
Anne :

What I'm saying here is that your "home of record, OH, was NOT changed . and that'

Anne :

that's why they want their money.

Anne :

Since you are in the military (even as a civilian dod) you must first change your home of record with the military.

Anne :

However unfair this law may be, you must FIRST change your home of record with the military. You will know if that was done by looking at your W2's for the years in question. If they still list OH on your W2, then you may have an uphill battle.j

Anne :

Unfortunately,as a member of the DOD you MUST change your "home of record" FIRST with the military (they're the ones reporting OH earnings)

Anne :

Please look at your W2's for the years in question. My bet is that they still show OH in the "state" box

Anne :

Or just check with the military to see what state they are listing on your W2

Anne :

I understand your frustration.........but as long as you are in the dod at all, you have to play by THEIR rules, and those rules are often at odds with the rest of US civilian life.

Anne :

which means that as long as OH is listed as your home of record, the military is reporting your earnings to OH, no mater where you're stationed

Customer :

That is not true! OH listed on my W-2 because:

Customer :

That is not true!

Customer :

Oh is only listed on my W-2 because my fiancé lives there and he would be able to take care of my bills! So your ASSUMPTION is not correct! My SF 50 clearly states move from Germany to Boise ID. The SF 50 AND my TRAVEL ORDERS lists BOISE, ID as my home of record...AND, the movers from DAYTON OH show my HHG shipped to IDAHO...the SF 50 is the OFFICIAL DoD record.

Customer :

So I still did not get a response...I HAVE been overseas since 2004, whilst I was deployed to Saudi Arabia my house was sold by my boyfriend with my POA issued by DoD. I NEVER returned to OH but went straight to Boise, ID WITHOUT a BREAK in SERVICE and then deployed to Iraq again to start a 5 year tour. I provided the State of Oh with ALL TRAVEL ORDERS and with the SF 50...again which is the HOME OF RECORD and AGAIN is stated on my TRAVEL orders. I AM NOT MILITARY, and there is no regulation that states that I have to advise anyone of my home of record. I provided you the RESDIENCY laws of OHIO, yet, you have not addressed the RESIDENCY LAWS of OH. So I cannot see where your expertise is.

Anne :

I am not trying to frustrate you (although I understand that I have been)

Anne :

It doesn't matter WHY OH was listed on your W2.........the point is, OH WAS listed on your W2, and the dod is the one that listed it. This is the root of your problem

Anne :

Did you happen to look at the other year's W2's that are also in question? Did they list OH, or ID ?

Anne :

Since I truly don't want to frustrate you more, I am going to "opt out" which will put this question back on the board as an open question for another expert to answer

Expert:  Robin D. replied 1 year ago.
Hello and thank you for using Just Answer,
Your residency in Ohio did not end until you took the necessary steps to sever your ties with Ohio. This started, not when you left to work abroad, but, when you sold your home.
When you sold your residence in Ohio you started your move from the state because for Ohio tax purposes you were only away temporarily for work purposes.
From what you have stated I am going to assume that you continued to use an address in Ohio for mailing. "Oh is only listed on my W-2 because my fiancé lives there and he would be able to take care of my bills". If this is the case then the state did not know that, they only know that you filed before as a resident (if you were filing while living there) and you are still showing a connection to the state (address and W2 says you are Ohio).
When you moved to Idaho your date for change of voting, vehicle registration, and driver's lic are all items that will further your argument with Ohio.
Ohio law provides that you will be considered a full-year nonresident of Ohio only if you meet all five of the following requirements:
1)During the entire taxable year you had at least one abode outside of Ohio,
2)You spent no more than 182 contact periods in Ohio during the taxable year,
3)You were not a part-year resident of Ohio during the taxable year,
4)By May 31 of the immediately succeeding calendar year you file, as appropriate, either the affidavit or notice of non-Ohio domicile or notice of no Ohio income tax liability ,
5)These documents do NOT contain any false statements.

The year you sold your house is still the time to look to for being a nonresident of Ohio. In that year you started the process. Ohio does not see a temporary absence as reason for not being a resident.

I hope this information is helpful, if not then you may wish to seek the assistance of a tax attorney in Ohio to argue your case in the state of Ohio.

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