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Gary08 · Feb 13, 2009, 12:10 PM

Hello, I"m relatively new to tax filing and I had a little question about the state tax box on my W-2. My husband is in the military and we are living in North Dakota and have been since 2007. I'm technically a North Dakota resident now and would have to put that I would get taxed for North Dakota taxes. But I think I messed that up when I first applied for my job when I filed a form for my W-2 or something of that nature and accidentally put Texas as my tax state when we first moved up here.

I was wondering if that could get me into trouble, seeing as Texas has no state taxes, but North Dakota does. And if there's any forms I could fill out to fix this. Possibly someone I should call to be able to pay the state taxes that I most likely owe to North Dakota. Husband is in California on TDY and I"m in Texas with my parents till he gets back so I don't think I can file at H&R Block or anything since he's not with me. Please help, I don't know what I'm doing lol.

Michelle

MukatA · Feb 13, 2009, 12:57 PM

Ignore what state is written in box 15.
If you had income in North Dakota, it must be reported on North Dakota tax return.

If you are present in a state, then any income earned during this period, must be reported to the state.
To your resident state, you must report your worldwide income for the year. Read: Your U.S. Tax Return: Working or Living in Two or More states

AtlantaTaxExpert · Mar 3, 2009, 04:35 PM

That is NOT quite correct. Military personnel and their families have special rules for their state tax situation.

The military will pay taxes to their home state. Not surprisingly, a LOT of military claim Washington, Texas, Tennessee and Florida as their home state because they have NO state income tax.

Now, the family of the military person MUST pay taxes on income earned within the state borders of the state where the family is stationed. Most states have them report as residents, but some have them report as non-residents. It varies from state to state.

However, the family members are NOT normally obligated to report their other "world-wide" income on the state return where they are currently stationed, because the courts recognize that the family members also share the domicile status of the military member himself.