- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Spouse of an active duty service member. Our domicile is CA. Got orders to HI. Stayed in HI for about 4yrs. I moved to TX, but not a resident of TX. How do I file?
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
If you were there with the spouse for four years, I'm surprised you're not aware of what you're about to learn. This is from http://files.hawaii.gov/tax/legal/tir/tir10-01.pdf
Nonresident Spouse of a Servicemember. A nonresident spouse of a servicemember
who is present in Hawaii solely to be with the servicemember serving in compliance with
military or naval orders is not a Hawaii resident and will be treated as a nonresident unless the
spouse establishes residence or domicile in Hawaii. A nonresident spouse of a servicemember is
subject to Hawaii income tax on his or her Hawaii-sourced income. However, if the nonresident
spouse satisfies the conditions prescribed under the SCRA (discussed in Part III of this TIR),
then the nonresident spouse’s income from services performed in Hawaii is not considered
Hawaii-sourced income and is not subject to Hawaii income tax or Hawaii withholding. If the
nonresident spouse does not satisfy the conditions prescribed under the SCRA, then the
nonresident spouse’s income from services performed in Hawaii is Hawaii-sourced income and
is subject to Hawaii income tax and Hawaii withholding. A nonresident spouse with Hawaiisourced
income is required to file Form N-15. A nonresident spouse with no Hawaii-sourced
income is not required to file a Hawaii income tax return.
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
1. The servicemember (as defined in 10 U.S.C. §101(a)(5)) is present in Hawaii solely in
compliance with military or naval orders;
2. The spouse is in Hawaii solely to be with the servicemember; and
3. The spouse and servicemember are domiciled in the same state and that state is not
Hawaii.
The requirements are met in your case. So were taxes withheld on the non-military spouses income by the state of HI?
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
IX. HOW TO FILE FOR A REFUND OF HAWAII INCOME TAX WITHHELD
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content