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Can we still file joint? My husband home of record is CA but mine was VA 2020. But we both live in NC. Husband is active duty and I am reservist

 
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1 Reply
TomD8
Level 15

Can we still file joint? My husband home of record is CA but mine was VA 2020. But we both live in NC. Husband is active duty and I am reservist

You have two options:

 

1) The Veterans Benefits and Transition Act of 2018 gives the spouses of active duty servicemembers the option of filing their state and local tax returns as a resident of the servicemember's military State of Legal Residence (SLR), even if the spouse has no other connection with that state.  So you & your husband can file a joint CA return, if you wish.

2) If you prefer, you can file as a resident of your own home state of VA.  However VA tax rules are that a VA resident married to a non-resident of VA must file their VA return as Married Filing Separately.  See this reference:

https://www.tax.virginia.gov/filing-status

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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