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I am a Military Spouse and my husband's state of residancy is texas which has no state income tax, but on my w-2 i was charged state income taxes from maryland?

i had 1500 charged from maryland should this have been the case?
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1 Reply
ToddL99
Expert Alumni

I am a Military Spouse and my husband's state of residancy is texas which has no state income tax, but on my w-2 i was charged state income taxes from maryland?

Your state tax responsibilities depend on your state of residence, not your husband's. If, under the provisions of  the "Military Spouse Residency Relief Act" (MSRRA),  you have chosen to be a resident of TX, then you would not be subject to MD state tax.

 

If your employer withheld MDC tax, you will have to file a MD return to get that tax refunded. You can stop future MD withholding by filing a Form MW507M to claim exemption from state withholding under MSRRA.

 

So the TurboTax program knows how to treat your state income, you must answer the federal and state tax interview questions carefully. 

 

Active-duty military are considered to live in their state HOR no matter where they are stationed. Their active-duty pay is considered to be earned in their state HOR.   If the spouse is a resident of another state, they are only subject to tax from the other state no matter where they live pursuant to military orders. 

 

When you complete the My Info Personal Interview (both you and your spouse): 

  1. Select Texas as your state of residence; 

  2. Answer "No" when asked if you "Lived in another state in 2020?" That question only applies if you changed your state of residence in 2020. 

  3. When asked if you "Earned money in another state?", answer "No" (unless the military member had non-military income in the state where you are stationed). 

 Twenty-two states (including NC), however, require that active duty military member and his/her spouse be residents of the same state in order for the spouse to enjoy the income tax protections of the MSRRA.   

For additional information, see Military Spouses and State Taxes 

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