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Author: jnolan Two stars, 250 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 124783  
Subject: Re: Ohio income tax on a non-resident Date: 12/27/2004 10:46 PM
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I am not exactly sure on this one, but considering that your husband was mobilized following 9-11, this situation may fall under the income tax provisions of the Soldiers and Sailors Civil Relief Act. As a full-time active duty member, I can move from state to state and maintain my residency in my home of record (which just happens be Ohio by the way). My wife on the other hand has to change her residency with each new assignment, so I have gotten quite an exposure on the different state income taxes that are out there.

I believe Ohio is one of those states where the filing on the federal has to match the state return. This is where it gets tricky because you will have to do the schedule D of the Ohio return to signify that your husband was a Wisconsin resident and get the non-resident tax credit. You will probably have to file an amended return for the affected years reflecting the appropriate non-resident/part year tax credits. This should help reduce the $6,000 amount, but there may be some penalties for the different amounts between filing single and joint returns.

Also, depending on where your husband's active duty time was spent (e.g. overseas in a combat zone), parts of his income may tax free in addition to the tax free allowances from when he was on active duty.

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