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If I'm active duty military living in Kansas but neither my spouse or I are residents of Kansas how do I show that on my return?

How do I claim the military spousal residential relief act?
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If I'm active duty military living in Kansas but neither my spouse or I are residents of Kansas how do I show that on my return?

Well..........

IF the military member has a state of legal residence (SLR) that is NOT KS, then the civilian spouse can also claim that non-KS SLR  (if living at the same post).

 

1) Usually you do not indicate you "moved" to KS in the Personal Info section.  As far as the military and KS are concerned, you remained a "resident" of your non-KS  SLR state all year.  So do not indicate you resided in KS during 2024  (the mailing address in KS is okay, it's not used for anything but mailings)

 

2)  IF....if the military person works an off-duty civilian job, then that work requires a non-resident KS tax return and only that income is subject to KS taxes.

 

3) IF the Civilian spouse worked in KS, then....if he/she filed the proper paperwork with that employer, then no KS taxes were withheld, and no KS non-resident tax return is required.   But, that income is usually included on the couple's SLR state's tax return, and is usually taxed (but not always).

 

4) to avoid KS withholding for the Civilian spouse that is working in KS, he/she should fill out the KS withholding form K-4, claiming exemption on line 6 of that form, under MSRRA, and file that with their employer.  

_______________________________

Read the help articles at:

 

What is my state of residence as a military spouse?

 

Where can I find state information on filing my return as an active duty military member?

 

What is my military state of residence?

 

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
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