I am spouse of active duty military. state on record is georgia, we currently reside in virginia. i work in virginia, do i have to file in virginia?

[Phillip1 · Accepted solution]

Unless the following applies, you will need to file a VA return:

1. You currently reside in a state different than the state of his or her domicile;

2. You reside in the state solely to live with the service member;

3. The service member (your spouse) is present in the state in compliance with military orders; and

4. You and the service member are both able to claim the same domicile (usually this needs to mean you are both originally from Georgia).

In Virginia, you can file a joint return for your Federal and a separate return for VA if your spouse is not a VA resident.