MaryK4
Expert Alumni

State tax filing

To clarify, are you filing as nonresidents or residents?  In Virginia,

 

Nonresidents use Status 4 - Married, Filing a Separate Return: A separate Virginia return MUST be filed if both husband and wife are nonresidents and both had income, but only one had income from Virginia sources.

Residents use Filing Status 3 - Married, Filing a Separate Return: If you and your spouse filed a joint federal return, but only one of you is a Virginia resident, the resident must use Filing Status 3.

 

Since your active duty pay is Texas income under the SCRA, you cannot file a Virginia tax return Joint with your spouse.

 

Also, spouses may be eligible to use your legal residency. For additional information, see the Military Spouses Residency Relief Act: Frequently Asked Questions, in which case her income would be Texas as well and you would not have to pay income tax on it 

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