Illinois Department of Revenue Publication 102 January 2020 Illinois Filing Requirements for Military Personnel The information in this publication About this publication is current as of the date of the publication. Please visit our website at Publication 102, Illinois Filing Requirements for Military Personnel, provides detailed information about Illinois Individual Income Tax filing requirements for military tax.illinois.gov to verify you have the personnel. most current revision. This publication is written in the plain The objectives of Publication 102 are to English style so the tax information is easier to understand. As a result, we explain if military personnel are Illinois residents, part-year residents, or nonresidents. do not directly quote Illinois statutes and the Illinois Administrative Code. explain the options for filing a joint Illinois return. The contents of this publication are clarify which military personnel are required to file an Illinois return. informational only and do not take explain what military income is taxed in Illinois. the place of statutes, rules, and court explain which forms military personnel should use. decisions. For many topics covered explain how military spouses should report their civilian wages. in this publication, we have provided a reference to the applicable section or part of the Illinois Administrative Code for further clarification or more detail. All of the sections and parts referenced can be found in Title 86 of the Illinois Administrative Code. Taxpayer Bill of Rights You have the right to call the Department of Revenue for help in resolving tax problems. You have the right to privacy and confidentiality under most tax laws. You have the right to respond, within specified time periods, to Department notices by asking questions, paying the amount due, or providing proof to refute the Department’s findings. You have the right to appeal Department decisions, in many instances, within specified time periods, by asking for Department review, by filing a petition with the Illinois Independent Tax Tribunal, or by filing a complaint in circuit court. If you have overpaid your taxes, you have the right, within specified time periods, to a credit (or, in some cases, a refund) of that overpayment. For more information about these rights and other Department procedures, you may write us at the following address: Problems Resolution Division Illinois Department of Revenue PO Box 19014 Springfield, IL 62794-9014 Get forms and other information faster and easier at tax.illinois.gov |
Illinois Filing Requirements for Contents Military Personnel General Information Am I an Illinois resident? ..........................................................................................................................................................2 Am I a part-year resident of Illinois? .........................................................................................................................................2 Am I a nonresident of Illinois? ..................................................................................................................................................2 What are my options for filing a joint return with my spouse? ..................................................................................................2 Must I file an Illinois return? .....................................................................................................................................................3 How do I report my military pay? ..............................................................................................................................................3 What military pay may I subtract? ............................................................................................................................................3 What military pay may I not subtract? ......................................................................................................................................3 Which form should I use to subtract military pay? ....................................................................................................................3 How do military spouses report their civilian wages? ..............................................................................................................4 What common mistakes should I avoid making? .....................................................................................................................4 Office Locations ...................................................................................................................................................................................5 For Information or Forms ....................................................................................................................................................................5 General Information during that year, then you are not a part-year resident of Illinois. Am I an Illinois resident? You would be considered a resident of the service member’s You are an Illinois resident if you reside in Illinois or have a legal state of residency for the entire tax year in which the marriage domicile in Illinois but are absent for a temporary purpose during the occurred. tax year. A domicile is the place where you reside and the place where you intend to return after temporary absences. Temporary absences Am I a nonresident of Illinois? include performing active duty in the armed forces while being stationed outside the state, even for considerable periods of time. If you are a resident of another state and come to Illinois only because of a military assignment, you will remain a nonresident of If you are a member of the armed forces, you are not a resident Illinois regardless of how long you are in Illinois unless you elect to of Illinois if you are present in Illinois only because of your military become an Illinois resident. assignment. If you are a spouse of a service member, you are not a resident of Illinois if you are a resident of the same state as your For tax years 2018 and after, the Veterans Benefits and Transition spouse and you are present in Illinois only to accompany your Act of 2018 allows a military spouse to elect to use the same spouse on his or her military assignment. For tax years 2018 and residence for tax purposes as the service member even if the after, the Veterans Benefits and Transition Act of 2018 allows a spouse is not present in the same state as the service member. If military spouse to elect to use the same residence for tax purposes you are present in Illinois, but have elected to use your service as the service member even if the spouse is not present in the same member spouse’s residence for tax purposes, you will not be state as the service member. If you are present in Illinois, but have considered an Illinois resident regardless of how long you are in elected to use your service member spouse’s residence for tax Illinois unless you elect to become an Illinois resident. purposes, you will not be considered an Illinois resident. In any case, If you were domiciled in Illinois at the time you joined the armed you have the option of remaining a nonresident of Illinois, regardless forces or elected to change your residence to Illinois after being of how long you are present in the state, but you may choose to stationed here, you will remain an Illinois resident as long as you establish residency in Illinois. remain in the armed forces, unless you elect to become a resident of another state where you are stationed. Am I a part-year resident of Illinois? What are my options for filing a joint return with If you are an Illinois resident for only part of the tax year, you will be considered a part-year resident. For example, if you changed my spouse? your domicile to a location within Illinois during the tax year, you For tax years 2009 and after, spouses who file a joint federal are a part-year resident of Illinois. return may elect to file a joint Illinois return. If you file a joint Illinois For tax years 2018 and after, the Veterans Benefits and return, and one spouse is an Illinois resident while the other is not, Transition Act of 2018 allows a military spouse to elect to use both spouses must be treated as Illinois residents (or as part-year the same residence for tax purposes as the service member residents for the same period). even if the spouse is not present in the same state as the service member. This election is effective for the entire taxable year regardless of the date on which the marriage of the spouse and the service member occurred. If you were an Illinois resident for only part of the year, married a service member and then elected to use the service member’s residence for tax purposes Page 2 of 5 PUB-102 (R-06/22 back page updated) |
Illinois Filing Requirements for Military Personnel For tax years 2008 and earlier, if you file a joint federal income tax return, you are required to file a joint Illinois income tax return if both For tax years ending prior to December 31, 2001, you may you and your spouse are Illinois residents or nonresidents. If one of only subtract compensation paid for active duty. you is a resident and the other is not, you may elect to file separate For tax years ending prior to December 31, 2007, you may Illinois returns or to file a joint return on which you are both treated subtract National Guard pay only if you were in the Illinois National as Illinois residents (or as part-year residents for the same period). Guard. For all tax years, you must file separate Illinois returns if you filed You may also subtract all income of a person whose federal income separate federal returns. tax on that income is forgiven because the person died in a combat zone or due to wounds, disease, or injury incurred in a combat zone. Residents, part-year residents, and nonresidents, do not Must I file an Illinois return? subtract military pay or other income that is not included in your AGI on Form IL-1040, Line 1. If you are an Illinois resident or part-year resident, you are required to file an Illinois return if you are required to file a federal return, or What military pay may I not subtract? your Illinois base income is greater than your Illinois exemption allowance. You may not subtract If you are a nonresident, you must file an Illinois return if you military income (such as combat pay) that you excluded from your have earned enough taxable income from Illinois sources to have AGI on Form IL-1040, Line 1; a tax liability (i.e., your Illinois base income from Schedule NR, pay you received under the Voluntary Separation Incentive; Nonresident and Part-Year Resident Computation of Illinois Tax, is pay you received from the military as a civilian; greater than your Illinois exemption allowance from Schedule NR). payments you made under the Ready Reserve Mobilization Income Insurance Program; or pay for duty as an officer in the Public Health Service. How do I report my military pay? If you are an Illinois resident, you must file Form IL-1040, Individual Which form should I use to subtract military pay? Income Tax Return. Your military pay will generally be included in your federal adjusted gross income (AGI) on For tax years Form IL-1040, Line 1. 2008 and after, you may subtract military pay on Schedule M, a part-year resident, you must file Form IL-1040 and Other Additions and Subtractions for Individuals. Schedule NR. Your military pay will generally be included in 2007 and earlier, see the return instructions for the year you are the Illinois portion of your AGI on Schedule NR. filing. On Schedule NR, Step 3, Column B, you must include all income earned while a resident regardless of whether If you are a part-year resident or nonresident, you may subtract tax-exempt military pay on Schedule NR, Step 4, such income is earned from Illinois sources, and Column B if it is included as income in Step 3, Column B. all income earned from Illinois sources while a nonresident. If you are an active member of the National Guard a nonresident, you are not required to report military pay and qualify as a Dual Status Technician, attach a copy of your to Illinois. See “Must I file an Illinois return?” for filing most recently issued Standard Form 50 (SF-50), Notification of requirements. Personnel Action, along with paper copies of all military W-2s that identify that income. your military Form W-2 to your Form IL-1040. What military pay may I subtract? You may subtract tax-exempt military pay that is in your AGI, including pay for duty in the armed forces, including basic training, pay for duty as a cadet at the U.S. Military, Air Force, and Coast Guard academies, as a midshipman at the U.S. Naval Academy, or in ROTC, and pay for duty for serving in the U.S. Armed Forces Reserves or a National Guard unit, including a National Guard unit of another state. PUB-102 (R-06/22 back page updated) Page 3 of 5 |
Illinois Filing Requirements for Military Personnel How do military spouses report their civilian wages? Under the Veterans Benefits and Transition Act of 2018, effective for tax years 2018 and after, if you are a nonresident spouse of a service member, and you and your service member spouse have the same domicile and you are in Illinois only to accompany your spouse on his or her military assignment, or you elect to use the same domicile as your service member spouse for the purposes of taxation and you are in Illinois, even if your service member spouse is not located in Illinois, then your employee wages earned in Illinois are not taxable by Illinois. If you had Illinois Income Tax withheld from your wages, you are entitled to a refund if your wages are exempt from Illinois tax under this law. To claim your refund for tax years 2010 and after, you must file Form IL-1040 and Schedule NR and mark the Military Spouse box on Schedule NR. for tax year 2009, you must file a 2009 Form IL-1040 and Schedule NR and attach Schedule MR, Military Spouse Relief. Please write “Military Spouse” in red ink on the top of the front page of your Form IL-1040. To claim exemption from Illinois Income Tax withholding in the future, you must provide your employer with a completed Form IL-W-5-NR, Employee’s Statement of Nonresidence in Illinois. If you are an Illinois resident, your wages are taxable by Illinois regardless of where you work. The provisions in the Veterans Benefits and Transition Act of 2018 allow that for tax years 2018 and after, the spouse of a service member may elect to use the same domicile for purposes of taxation as the service member. This applies for any applicable year of the marriage, regardless of the date on which the marriage of the spouse and the service member occurred. The provisions in the Veterans Benefits and Transition Act of 2018 that exempt wages from tax apply only to spouses of service members, not to the service members themselves. What common mistakes should I avoid making? Illinois does not tax military pay earned by service persons. When completing Schedule M (for 2008 and after) or Schedule NR (for 2007 and earlier), you may subtract tax-exempt military pay that is included as income on Form IL-1040 or Schedule NR. Page 4 of 5 PUB-102 (R-06/22 back page updated) |
Illinois Filing Requirements for Military Personnel Office Locations Suburban North Regional Building 9511 Harrison Street FA 203 Des Plaines, Illinois 60016-1563 200 South Wyman Street Rockford, Illinois 61101-1237 555 West Monroe Street Suite 1100 Chicago, Illinois 60661 Willard Ice Building 101 West Jefferson Springfield, Illinois 62702-5145 15 Executive Drive Business Center One, Suite 2 Fairview Heights, Illinois 62208-1331 2309 W. Main, Suite 114 Marion, Illinois 62959-1196 Contact Information Visit our website at tax.illinois.gov. For specific phone number and email contacts see our Contact Us page. Call us at 1 800 732-8866 or 217 782-3336. Call our TDD (telecommunications device for the deaf) at 1 800 544-5304. Write us at Illinois Department of Revenue, PO Box 19001, Springfield, IL 62794-9001. Call our 24-hour Forms Order Line at 1 800 356-6302. PUB-102 (R-06/22 back page updated) Printed by authority of the State of Illinois - Web only, one copy. Page 5 of 5 |