KrisD15
Expert Alumni

State tax filing

Virginia requires that when the spouse is not a Virginia resident for tax purposes, the spouse that does need to file. The Taxpayer that DOES need to file a Virginia return must file THEIR VIRGINIA STATE TAX RETURN ONLY as Married Filing Separately. 

 

Since your husband's state of residence is Michigan, he is considered a resident of Michigan for tax purposes, and not of Virginia. He would ONLY file a Michigan state tax return if needed. 

 

You, as the spouse of the Military servicemember have that option as well. 

 

No, this refers to the state filing only, it does not affect the way you file your federal return. 

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