Military couple, spouse no income, how should we file for state taxes?

[rockwell8814]

Would this be correct: MFJ for federal, military spouse files separate tax for home of residence, non-military spouse files no state? If this is the case, do we need to create a MFS "fake" return in order for military spouse to file state return separately even though non-military spouse has no income to file for the state where they are stationed?

[DanaB · Accepted solution]

If your spouse had no income then it would be still more beneficial to file MFJ for the military spouse's state of residency. Also, depending on your state some states do not allow to use a different filing status than what you used on the federal return.

The Military Spouses Residency Relief Act has been updated and gives the spouse of an active duty member the option to claim the service members state of residence for tax purposes without ever have to have lived there. Keep in mind if the spouse has earned income in another state that income would become taxable in the state of the service member if the state has an income tax.

[rockwell8814]

Thank you!