When a servicemember leaves his or her home state in accord with military orders the servicemembers spouse may retain residency in his or her home state for voting and tax purposes after relocating from that state to accompany the servicemember. If you didnt have military or federal service prior to october 1 1991.
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do military spouses have to pay state taxes
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What state do i file my taxes in.
Do military spouses have to pay state taxes. You are a nonresident and your military pay is not subject to new york state income tax. If you are a nonresident other income. For example if you live and work in ohio but are a florida resident you will receive a refund of any withholdings collected for ohio state taxes and not pay florida state tax since florida does not collect state taxes.
For your federal income taxes you should file your federal tax return according to your duty station. Olr report 2005 r 0131 addresses tax exemptions for military retirement pay. If you are a military spouse you may have been told that you do not have to pay north carolina income taxes due to the military spouses residency relief act of 2009.
If joe works a nonmilitary job in virginia he may have to file a tax return and pay tax in virginia. However the spouse will have to pay tax to the state of residence assuming that state has an income tax. For more information on how a particular state handles msrra check out military filing information on state.
This is not entirely true. They generally had to pay income taxes to the states where their spouses were stationed. The military spouse residency relief act msrra provides protection to military spouses related to residency voting and taxes.
Your spouses military pay is taxable by their state of legal residence. If your permanent home was not new york state when you entered the military but you were assigned to duty in new york state you do not become a new york state resident even if you have a permanent place of abode here. The spouses state domicile must be the same as that of the service member.
See filing state taxes when youre in the military and civilian pay earned by active duty military for more details. Your state of legal residence slr the place you expect to live when your spouse leaves the military is where you should file your state income taxes. Prior to 2009 there wasnt much relief for military spouses.
The military spouses residency relief act enables military spouses to do what their servicemembers have long been able to do claim and maintain residency in one home state pay income taxes. If you had military service before october 1 1991 you may be able to deduct a portion of your retirement pay. You want to know if any states exempt military pay not including retirement pay from taxes.
Of the 17 states that we randomly selected only two exempt military pay income from taxes exempting all compensation earned by servicemen including guardsmen and reservists for active duty service.
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