Should I file OH state taxes if my husband is in the military but stationed in GA? I worked in GA and don't want to purchase a second state for $50 unless I need to

From what I can find since his state of residence is in OH, but he is stationed in GA he does not need to file OH state return. I worked in GA and live in GA therefore know I have to file a GA return. In the past we filed with a tax preparer who didn't seem to file OH taxes but I want to make sure that I am not doing something wrong. We already paid so much for the turbotax program I hate to spend another 50$ on a second state if it is not necessary. 

DanielV01
Expert Alumni

Tax help for military filers

Are you a Georgia resident yourself?  Or are you from Ohio also?
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Tax help for military filers

I am a Georgia Resident
DanielV01
Expert Alumni

Tax help for military filers

This year you should be okay filing only a Georgia return.  I do want to make you aware of a provision in the tax law that became available this year, which you can see at this link:  Veterans Benefits and Transitions Act of 2018   Through this Act, a military couple may now unite their states of residence for tax filing purposes.  

Due to this act, you as a Military spouse may claim Ohio as your state of residence as well.  (You are not required to, but you may).  Doing so this year might not make much sense:  you would have to file a Georgia return to get a refund of Georgia tax, but you would pay tax to Ohio.  You may also decide that for this year (2019), you wish for the same treatment (just to keep your tax return as simple as possible).  

However, for 2020, you may decide to elect Ohio as your state of residence.  This would certainly be true if you are PCS'd to another state because it would be much more complicated for you to file if you maintain Georgia (you would still file a Georgia return, but also a return for that state also, since your income is not covered by the MSRRA unless you and your husband share the same home of record).

But it could also be the case even if you continue to stay in Georgia, if Ohio tax is lower than Georgia tax, for instance.  That decision in the end is yours to make, but you do have that option available to you.

However, this year you should be able to file as you have in the past:  you file your income for Georgia, and your husband does not have to file a return.

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