do active military have to pay west virginia taxes?

wv does not withhold state taxes and no quarterly taxes were paid. the tax liability is approx $1000. my son was stationed in korea for all of 2009. he was a resident of wv when he entered the army approx 2 yrs ago. in 2009 he came 'home' on leave only once and was only here for 7 days.

the west virginia state tax department website says

[quote] If your legal residence was in West Virginia at the time you entered military service, assignment outside the State does not change your West Virginia residence status. You must file your return and pay the tax due in the same manner as any other resident unless you did not maintain a physical presence in West Virginia for more than 30 days during the taxable year. [end quote]

my reading of this is that since he only 'resided' with us for 7 days last he would be exempt and not have to pay. the'what if im reading this wrong' part of me just wants to make sure this is true.

thanks in advance! :o)


author... that form you speak of is a CA form. im trying to find out the west virginia tax rule. thanks though! :o)

Update 2:

i have a typo at the beginning of my question. i inadvertently wrote that WV does not withhold state taxes, but it should read that the MILITARY does not withhold state taxes.

1 Answer

  • 10 years ago
    Favorite Answer

    Your state taxes are filed nonresidency formed. NR540 He is a military resident of West Virginia stationed outside of the state of West Virginia. You file West Virginia state taxes but he did not make wages in the state of West Virginia.

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