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ttyronety
New Member

Hello, I am a military spouse in the states of North Carolina. My husband is a non resident I worked here in NC and had state taxes with held.

 
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1 Reply
DanielV01
Expert Alumni

Hello, I am a military spouse in the states of North Carolina. My husband is a non resident I worked here in NC and had state taxes with held.

It depends.  If you share your husband's state of residence, you will file a North Carolina nonresident return to get back all the taxes you paid to North Carolina.  You only pay tax to your state of residence if there is a state tax there.  You will allocate your North Carolina income as zero because of Military Spouse Residency rules.  Here's an FAQ about this (click on the Joe and Mary example):  https://ttlc.intuit.com/replies/3302300.  You will also want to speak to your employer to fill out the correct forms so that you are only taxed in your home state and not North Carolina because of the MSRRA

However, if you do not share your husband's residency state then you will file a North Carolina resident return.  North Carolina gives you the option to file either as married filing joint or married filing separately.  This website provides more information on this:  http://www.dornc.com/taxes/individual/status.html

If you are required to file as a North Carolina resident, and wish to file a separate state return although you file a joint federal return, here is an FAQ with instructions on how to do this:  https://ttlc.intuit.com/replies/3301995

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