If my husband is active duty home of record is TX,...
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charlotte_camach
New Member

If my husband is active duty home of record is TX, which we lived 1/.2 there on orders, we live in AL now but we work in GA and my drivers license is NC. How do i file

 
2 Replies
AmyC
Employee Tax Expert

If my husband is active duty home of record is TX, which we lived 1/.2 there on orders, we live in AL now but we work in GA and my drivers license is NC. How do i file

The law changed in 2018 so that you can claim the same state of residence as your spouse's home of record.

 

1. Your husband: Home of record is Texas, his military pay is not taxed. If he has a side job in either GA or AL, then he may need to file a tax return, depending on how much he made.

 

2. You: 

  • You will need to file GA non-resident return for GA income.
  • NC does allow military spouses to adopt the home of record of their spouse. You are not required to file.
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TomD8
Level 15

If my husband is active duty home of record is TX, which we lived 1/.2 there on orders, we live in AL now but we work in GA and my drivers license is NC. How do i file

@AmyC  --

 

I do not believe the spouse has to file a GA non-resident return, since she can choose TX as her state of residence.  Here is the wording of the new MSRRA law (emphasis mine):

 

Election.--For any taxable year of the marriage, the spouse of a servicemember may elect to use the same residence for purposes of taxation as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.''.

(b) <<NOTE: 50 USC 4001 note.>> Applicability.--The amendments made by subsection (a) shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act.

https://www.congress.gov/bill/115th-congress/senate-bill/2248/text

**Answers are correct to the best of my ability but do not constitute tax or legal advice.**

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