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chasedouglascant
New Member

Do I have to file for state tax if in the military and was stationed in a different state then home of record, and does spouse need to as well?

 
3 Replies
TomD8
Level 15

Do I have to file for state tax if in the military and was stationed in a different state then home of record, and does spouse need to as well?

More information is needed to answer your question.

What states are involved?  What is your SLR (State of Legal Residence)?  What is your spouse's home state?  In what state are you stationed?  

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
ghostlyone
Level 3

Do I have to file for state tax if in the military and was stationed in a different state then home of record, and does spouse need to as well?

You have to file where you make money. For active duty, your military pay always applies to your home of record. You'll see the tax deductions for that state on all of your LES's. If your spouse works, s/he has to file in the state you live and maybe the state s/he works (depends on whether or not the states have a reciprocal agreement).

Ex: My wife is active with home of record WI. We have a rental property in MS. We live in CA (own home) and I don't work. We file in WI and MS, but not CA because none of our income has anything to do with CA. (Made the mistake of trying to file a $0 CA return the first year we lived there. Waste of money.) 

Ex2: We live in MS, but don't have a rental property. I work in LA. We had to file in WI, MS, and LA because LA and MS don't have an agreement, so I had to report my income to the state we lived in and the state I worked in.

 

Sounds bad, but turbo tax sorts everything for you pretty easily. 

SteamTrain
Level 15

Do I have to file for state tax if in the military and was stationed in a different state then home of record, and does spouse need to as well?

@chasedouglascant 

 

I'd go with the "More Info Needed"  that was first requested above.  

 

There is not a simple answer until you detail your HOR/SLR  (no guarantee it will be simple though) ..….and with new MSRRA for civilian spouse's, what state does yoru spouse claim as his/her SLR ?    (but Spouse could also be in the military, and have a separate HOR/SLR too)

 

Even so, home state's vary on how they tax their Military member's military income when posted out-of-state.  Soem states tax military income no matter what (except Combat pay), others exempt it, but insist on getting a tax return filed anyhow, because other forms of income (interest, dividends, investment income, etc) will be subject to state taxes.   Handling of state taxes for the working civilian spouse-of-military person varies too, depending on whether both spouse's are claiming the same SLR or not.....so the details about what states are involved become critical

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

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