Why would I have to file a nonresident state return?

Created by Anil Kumar Kumar Kotla, Modified on Wed, 24 Jan 2024 at 01:45 AM by Anil Kumar Kumar Kotla

Generally, you will only need to file a nonresident state return if you made money from sources in a state you don’t live in. Sources may include income from wages, gambling winnings, out of state rental income, or military individuals.

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Note: You will not have to file a nonresident state income tax return if:

You only have interest income from an out-of-state bank account
The other state does not collect income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Texas, Tennessee, Washington, Wyoming.

Each state has their own rules around filing. For information on your state rules for filing, check their Department of Revenue websites for specific details.

What if I’m a military member?

There are two terms used by the military to define your state of residence:

Home of Record (HOR): your home of record is the state recorded by the military as your home when you were enlisted, appointed, commissioned, inducted or ordered in a tour of active duty. This is often the state you should continue to use as your tax home as you move from state to state (or overseas) on military orders.
State of Legal Residency (SLR): this is your home of record, unless you changed it to another state. Changing the state on your paycheck records does not change your SLR. To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted. From a tax standpoint, your state of legal residency is considered your “domicile” or “resident” state as long as you are on active duty. Even if you are stationed in another state, you’re still considered a resident of your SLR.

This content is provided for informational purposes only and should not be construed as tax, legal, financial, accounting, or other advice. Rules and regulations vary by location and are subject to change, so please consult with an expert if you need advice specific to you.

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