I'm in the military and my wife is being taxed from new mexico where she should be getting taxed from Florida how do I change this for her

[DS30 · Accepted solution]

If she qualifies under the MSRRA, she will not need to file a MN state income tax return (except to get a refund of any NM withholdings.)

You will need to check the NM Department of Revenue Website to see how to request that DE income tax not be withheld from your wages. Since you are a resident in FL, you will not need to have any state withholdings take out of your NM income.

If she did end up with NM withholding on your W-2, you will have to file a NM nonresident state income tax return to get these withholdings back. 

In order to get the full refund of her NM state income tax withholdings, she will need to file a nonresident NM return but report zero "0" income from NM (even though she did have NM wage income). She must mail in this NM nonresident state income tax return and include her state W-2 information. She will want to include an explanatory statement with her NM return stating her situation (that her NM employer withheld NM state income taxes from her wages in error because she is a military spouse and covered under MSRRA).