turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Active duty military with working civilian spouse.

I'm active duty military in NC, with legal residence in NYC. My wife is a civilian, lives with me in NC and works as a nurse. My wife has retained her NYC residency under the MSRRA. How do I file NC none-resident status for my wife? 

we are using TT for desktop (Mac) 

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Best answer

Accepted Solutions

Active duty military with working civilian spouse.

Both of you do need to make sure indicate you each  lived in NY all year long on the Personal Info page...you never "move" out of NY .  (your mailing address in NC can be NC..that does't set the "resident" state)

1)  IF she filed the proper forms with the employer...and had no NC taxes withheld on her job income, then she/you wouldn't file NC taxes at all.  Her W-2 would then likely not show any NC  withholding.  IF this is your situation, go to the Personal Info page and take out NC at the bottom of that page as an "other" state that one of you worked in...then go to the state section and delete the NC tax forms entirely.  (desktop users may have to go up to the "File" menu to find the state removal selection)

2)  If, however, NC taxes were withheld, then the NC non-resident form is needed, but when you finish the Federal part, and start in on the NC-Non-resident tax return, there is a place where you tag all W-2 forms as "Not NC-Source Income" to remove all W-2 forms as being NC taxable.  All other boxes/allocations during the followup pages you need to put a zero in every box (exceptions below)

  (and she needs to stop that NC withholding, and give the employer a NC-4EZ indicating NY residency so that NC withholding stops.     https://www.ncdor.gov/documents/employees-withholding-allowance-certificate-nc-4ez        )
____________________________

Exceptions:
a)   If the Military person works an off-duty W-2 civilian job...that W-2 income is NC taxable as an Non-resident....
b)  IF either spouse works a Contractor / Cash / 1099-MISC / Self-employment job while in NC, then that income is also taxable in NC as a nonresident.
c)  IF either or both of you own a rental property located in NC that you receive income from...then that income is taxable by NC as a non-resident.
____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

View solution in original post

1 Reply

Active duty military with working civilian spouse.

Both of you do need to make sure indicate you each  lived in NY all year long on the Personal Info page...you never "move" out of NY .  (your mailing address in NC can be NC..that does't set the "resident" state)

1)  IF she filed the proper forms with the employer...and had no NC taxes withheld on her job income, then she/you wouldn't file NC taxes at all.  Her W-2 would then likely not show any NC  withholding.  IF this is your situation, go to the Personal Info page and take out NC at the bottom of that page as an "other" state that one of you worked in...then go to the state section and delete the NC tax forms entirely.  (desktop users may have to go up to the "File" menu to find the state removal selection)

2)  If, however, NC taxes were withheld, then the NC non-resident form is needed, but when you finish the Federal part, and start in on the NC-Non-resident tax return, there is a place where you tag all W-2 forms as "Not NC-Source Income" to remove all W-2 forms as being NC taxable.  All other boxes/allocations during the followup pages you need to put a zero in every box (exceptions below)

  (and she needs to stop that NC withholding, and give the employer a NC-4EZ indicating NY residency so that NC withholding stops.     https://www.ncdor.gov/documents/employees-withholding-allowance-certificate-nc-4ez        )
____________________________

Exceptions:
a)   If the Military person works an off-duty W-2 civilian job...that W-2 income is NC taxable as an Non-resident....
b)  IF either spouse works a Contractor / Cash / 1099-MISC / Self-employment job while in NC, then that income is also taxable in NC as a nonresident.
c)  IF either or both of you own a rental property located in NC that you receive income from...then that income is taxable by NC as a non-resident.
____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies