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New Member
posted Jan 24, 2023 10:52:20 AM

Can I file a non-resident form with TurboTax? My husband is Active Duty Military.

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6 Replies
Level 15
Jan 24, 2023 11:31:58 AM

Do you have earned income in a state that is not "your" primary residence? Depending on the state, you may qualify for the Military Spouses Residency Relief Act (MSRRA). Check out https://www.military.com/money/personal-finance/military-spouses-residency-relief-act-mssra

 

New Member
Jan 24, 2023 11:37:50 AM

One income household. Didn't have this problem last year.....They are trying to say we OWE taxes to CT but we check all the boxes for non-resident.

Level 15
Jan 24, 2023 12:00:42 PM

You really haven't provided any information to work with. Are you a CT residence? Is the mlitary member a CT residence? Is the military member currently stationed in CT? Is the non-military spouse with the military member on PCS orders for whatever place they may be stationed at?

Please see https://portal.ct.gov/DRS/Individuals/Individual-Tax-Page/Income-Tax-Information-Military

There are three sections.

1. Personnel whose home of record is Connecticut

2. Nonresidents whose home of record is outside of Connecticut

3. Military Spouses Residency Relief Act

 

If both the military member and the spouse are not CT residents (as shown on the military member's LES statement in the "STATE" box), then I would expect the MSRRA to apply and you can follow the directions provided on the aforementioned website to get any withheld state taxes refunded, as well as make the state's tax assessment on your income "go away".

 

New Member
Jan 24, 2023 12:05:57 PM

His home of record is CT, but we are posted in NY. I claim CT as well, as I have no income. According to the FAQ's, we shouldn't be liable for any state taxes, but it keeps saying we owe.

Level 15
Jan 26, 2023 8:09:26 AM

In the My Info section of TurboTax, make sure your husband checked the box that he served in the military in 2022.  Make sure you each entered CT as your State of Residence.  If your only income for the year was your husband's military pay, it may or may not be taxable by CT.  For CT's rules on this, see Personnel whose home of record is Connecticut in the web reference previously provided by @Carl

Expert Alumni
Jan 26, 2023 8:12:18 AM

Yes, if you meet the requirements to be considered a nonresident because you were stationed outside Connecticut and spent less than 30 days in Connecticut then the military income is not taxable in Connecticut. You are not required to file a state return unless you had other income in Connecticut.

 

"If your home of record is Connecticut you are a resident of Connecticut.  As a resident you must file a resident return and pay any tax due unless you meet all of the following conditions for the entire taxable year:

  1. You did not maintain a permanent place of abode in Connecticut;
  2. You maintained a permanent place of abode outside Connecticut; and
  3. You spent 30 days or less in Connecticut.

If you meet all three conditions, you are considered a nonresident of Connecticut for the taxable year. You do not have to file a Connecticut income tax return unless you had Connecticut tax withheld or you had any income from Connecticut sources." (Connecticut Department of Revenue)

 

Did your husband have CT state taxes withheld?

 

@37y5mama