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Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

My official residence is in another state
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1 Best answer

Accepted Solutions
TomD8
Level 15

Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

If your military State of Legal Residence (SLR) is not Delaware, then you would need to file a Delaware tax return only if you had Delaware-source income other than your military pay.

Your non-military spouse has no obligation to file in Delaware.  Delaware does not tax Social Security benefits.

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

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3 Replies
ee-ea
Level 15

Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

ThomasM125
Expert Alumni

Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

If your home of record is not Delaware, you can choose your residence in the other state and your spouse can do the same. In that case you would not be required to file a tax return in Delaware. 

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TomD8
Level 15

Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

If your military State of Legal Residence (SLR) is not Delaware, then you would need to file a Delaware tax return only if you had Delaware-source income other than your military pay.

Your non-military spouse has no obligation to file in Delaware.  Delaware does not tax Social Security benefits.

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

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