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Military Families Military Families

Super annoyed.

Posted by on Sep. 10, 2013 at 3:08 PM
  • 35 Replies

So what's new?  LOL. 

This is LITERALLY the only day I had to myself and it was *rudely* disrupted by a phone call from New York State IRS. 

They have started a judgment/investigation against DH and I because we failed to file state taxes in 2007.  Um. . . dh is a resident of Cali. . . Ny state takes Nothing out of his check.  So why would we file taxes here?

Correct me if I'm wrong ( I even looked this up and I understand it as I am about to explain it) but DH is entitled to maintain his Ca residency NO MATTER where he goes with the navy.  I know I filed Nebraska state taxes when I lived in Hawaii and was AD. . . .

Anyway, they want over 2 grand.  They said a warrant would be issued if we failed to act on this/refused to pay.  I panicked at the word "warrant".  I am squeaky clean, and a CJ major!!!!

PLEASE does anyone out there know the exact "rules" on

A- Home of record/state income tax issues

and

B- any type of judgments/investigations/etc HAVING to be postponed due to a service member being deployed?

Since I live in the boonies, the closest Navy Legal is in Groton.  I did get ahold of them for a "phone" appointment.  Hopefully they can help, but I am supposed to send in a fax to NY state IRS investigations dept stating DH is deployed, They want WHEN he will be back ( which i will not give to them as he's on a sub), and that I have no access to his service record ( I don't believe i have a specific power of attourney for that) to prove he is on orders. . .  ( WTH else would he be on?? we don't live in Cali, and he's Active Duty!!!!) 

Anyway, this really mainly is a vent. 

I do believe my thinking on CA state taxes is correct.  I just looked at his LES and unless i am blind, CA does NOT take out state taxes from his paycheck. 

U-G-H!!!!

by on Sep. 10, 2013 at 3:08 PM
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Replies (1-10):
chrlstoncharmed
by Melissa on Sep. 10, 2013 at 3:13 PM
Are you sure the phone call was legit?
mlogsdon
by on Sep. 10, 2013 at 3:15 PM

Wow.... Im not sure. DH maintains residency in KY, and files with them. I file in whatever state we're in. Thats scary! 

Katkinson
by on Sep. 10, 2013 at 3:26 PM

 

That's what Navy Legal asked when I called to set up a phone appt,  but I did have to call back the audit people and it was the NY state Audit whatever. . . . I'm gunna call the general IRS number to make sure though. 

Quoting chrlstoncharmed:

Are you sure the phone call was legit?


 

.oOMellyOo.
by Silver Member on Sep. 10, 2013 at 3:30 PM

From my understanding. (and the understanding of my accountant) You file your taxes in you HOR (home of record) As a spouse according my understanding of the MSRRA you can choose to file taxes in the state that your service member claims or in the state that you currently reside. I highy suggest you make an inquiry with the NYS IRS to make sure its even legit before getting all worked up..... honestly this all just screams scam to me. 

Katkinson
by on Sep. 10, 2013 at 3:35 PM

 

I know.  I'm on the phone right now. . . . . my wait time is 15 minutes after going through 10 minutes of automated options.   FML. 

Quoting .oOMellyOo.:

From my understanding. (and the understanding of my accountant) You file your taxes in you HOR (home of record) As a spouse according my understanding of the MSRRA you can choose to file taxes in the state that your service member claims or in the state that you currently reside. I highy suggest you make an inquiry with the NYS IRS to make sure its even legit before getting all worked up..... honestly this all just screams scam to me. 


 

japanmommy
by Member on Sep. 10, 2013 at 3:39 PM
CA did this to us, dh was in Japan deployed, I called and tried sorting it out and they wanted les's and what not. I asked to speak to a manager who was supposed to call me back but didnt. I put it off until dh was home for a visit and he called and got it handled right away. Ugh, frustrating that they couldn't do it with me but whatever. I had a nb and didn't care anymore lol.

They have no legal grounds to do this, your dh is a resident of his home of record regardless of where you are stationed. Unless in your taxes you put NY as your home you're good.

Posted on CafeMom Mobile
Katkinson
by on Sep. 10, 2013 at 3:40 PM

That is how I understand it as well. . . however they said we FILED federal in ny state, therefore we should have filed state taxes with them as well. 

If this is legit, I think we may be up shit creek.  They're only asking about 2007.  What about '08, '09, '10, '11, and '12?!?!?!?!  we did the EXACT same thing those years!!!!

Anonymous
by Anonymous 1 on Sep. 10, 2013 at 3:40 PM

Wouldn't they send you something official in the mail? I don't think they would "call" you. That is scary though.

Katkinson
by on Sep. 10, 2013 at 3:42 PM

 

according to them, they did.  They had my address as well.  HOWEVER, we recently put in a mailbox outside of our house, so I kind of legitimately believe that the letters got "returned to sender". 

 

They altered my address in their system and said another letter went out. 

 


 

Quoting Anonymous:

Wouldn't they send you something official in the mail? I don't think they would "call" you. That is scary though.

 

 

TonyaLea
by Silver Member on Sep. 10, 2013 at 3:43 PM

Well, I don't know a lot about taxes, but I do know that when I worked in Maryland and our HOR was Oregon, I had to file in both.  However, what I payed to Maryland was dedutible from my income taxes in Oregon.  A lady with the Navy did our taxes that year (I don't remember the specifics).  

I did a quick search of the of NY rules and found this:

http://www.tax.ny.gov/pit/file/military_page.htm

"If your permanent home was not New York State when you entered the military but you were assigned to duty in New York State, you do not become a New York State resident even if you have a permanent place of abode here. You are a nonresident and your military pay is not subject to New York State income tax."

If you are a nonresident, other income that you receive from New York State sources (including your spouse's income) may be subject to tax. 

Military spouses

Military spouses qualifying under the Servicemembers Civil Relief Act (SCRA) may claim an exemption from New York State personal income tax withholding by filing Form IT-2104-E,Certificate of Exemption from Withholding, with their employer. SCRA provides certain tax relief for a military spouse when he or she is present in a state solely to be with a servicemember who is in that state so he or she can comply with military orders.

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