It depends- You would not be required to file a nonresident Virginia tax return if you qualify for the Military Spouses Residency Relief Act (MSRRA):
The following conditions must be met to qualify under the MSRRA:
- The service member is living on military orders in a state that is not his resident state.
- The spouse is in that state solely to live with the service member.
- Both the service member and spouse have the same resident state.
- The spouse only pays taxes on income in their state of legal residency when they meet the above conditions.
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