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New York Income Tax Exclusion for Military Pay Earned While Stationed Outside New York

New York State Department of Taxation and Finance
Full exclusion of military pay from New York taxable income

New York taxes the military pay of resident service members, with two exceptions. If you were stationed and living outside New York, kept no permanent home in New York during the tax year, kept a permanent home outside New York for the whole year and spent 30 days or less in New York, your military pay is not taxed. If you served overseas for at least 450 days in any 548 consecutive days and spent 90 days or less in New York during that 548-day period, it is also not taxed.

Check eligibility

How to apply

There is nothing to apply for. Claim nonresident or nonresident-equivalent treatment when you file your New York State return, and keep your orders and travel records in case the state asks.

What you'll need

Your orders showing where you were stationed, your Leave and Earnings Statements, and records of the days you spent in New York.

Eligibility

  • You are a New York resident service member filing a New York State income tax return
  • You were stationed and living outside New York, kept no permanent home in New York during the tax year, kept a permanent home outside New York for the entire tax year and spent 30 days or less in New York, or you served in a foreign country for at least 450 days during a period of 548 consecutive days and spent 90 days or less in New York during that period

Source

Official source