- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Tax help for military filers
Section 302 of The Veterans Benefits and Transition Act of 2018 ("VBTA") changed the law so that, if an active duty servicemember is a legal resident of a particular state for tax purposes, the spouse can unilaterally elect to also be a resident of that same state. The factors previously used to determine the spouse's legal residence, such as the spouse's physical presence in a particular state or the identity of the state in which the spouse maintains a driver's license, vehicle or voter registrations, or professional licenses are no longer relevant.
See Section c (3) of this reference:
https://www.jag.navy.mil/legal_services/documents/Info_Paper_2018_SCRA_Amendments.pdf
Therefore you have the option of electing to be a resident of TX for tax purposes. You do not have to file an Illinois return.
Here's the actual text of the law (see Section 302):
https://www.congress.gov/bill/115th-congress/senate-bill/2248/text