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I lived in Colorado for two years in the military,but my W2's still say Ga. Can I legally file taxes in Colorado? Being that I actually lived in Colorado.

2007-03-26 08:39:16 · 3 answers · asked by tiptop24_2005 1 in Business & Finance Taxes United States

3 answers

No, your domicile does NOT automatically change when you are posted to a duty station outside of your home state. CO cannot tax your military pay, only your home state has that right.

If you have off-duty income CO can and will tax THAT income only, as will your home state of GA. GA will give you a credit for any CO taxes paid so the net result is you will pay tax at the higher of the two states' rates on that income only.

If you have a spouse, he or she will be considered a CO resident for tax purposes as they are NOT protected by the Servicmenbers Civil Relief Act as you are.

Although you can change your domicile to CO, if you return to GA after your ETS, you can expect GA to challenge the change of domicile as a tax dodge and assess back taxes along with penalties and interest.

2007-03-26 08:46:42 · answer #1 · answered by Bostonian In MO 7 · 2 0

You will have to file for GA, But next year you should get your Home of Residence changed to Colorado if you want to file there.

2007-03-26 08:43:23 · answer #2 · answered by I'm 1 up on you!! 4 · 1 0

You must file state taxes in whatever state you earned the money, not where you live.

If your W2 says Georgia and you don't work or live there, you should call the company and get it fixed.

2007-03-26 08:47:44 · answer #3 · answered by William 3 · 0 5

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