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Question
Dear Mr. Stancil,

My girlfriend has been in the military for around 7 years. She was living in Illinois when she joined and since then has been stationed outside of the state. Her W2 says Illinois but they never took out money. For the past 5 years she's filed a non-resident state return. She believes that because she didn't work or live in the state that she didn't owe state taxes. She has not claimed residence or paid taxes in any other state.

2011 she didn't file a state tax return. She's wondering if it's ok to still file non-resident taxes? Or does she need to claim resident for the past 7 years to Illinois and owe tens of thosands of dollars?

She is very afraid of the second option.

Your thoughts?

Thanks ahead of time.

Joe

Answer
Joe,

Thanks for your question.

I hate to break the bad news to you, but when someone enters the military, their state of residence when the joined is usually their state of residence for the entire time they are serving in the military.

This might be of some assistance.  http://usmilitary.about.com/cs/militarylaw1/a/homeofrecord.htm

Hope this helps.

John Stancil, CPA

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John Stancil, CPA

Expertise

I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at www.mybaldcpa.com. I also offer seminars and consultations to churches and clergy on their tax issues at www.churchtaxsolutions.com Also visit my blog, www.thetaxdocspot.com. I am listed on Tax Connections at https://www.taxconnections.com/profile/John-Stancil/12258973 Prepare and file your own taxes at www.1040stancilcpa.com

Experience

I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

Organizations
FICPA, NATP, NCPE Fellowship, Lakeland Business Leaders

Publications
The CPA Journal, Florida CPA Today, Green Consumer, Green Business, Global Sustainability as a Business Imperative, Palmetto Review, NATP TaxPro Quarterly, Mustang Journal of Finance and Accounting.

Education/Credentials
DBA University of Memphis MBA University of Georgia BS in Accounting Mars Hill University

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