Military spouse living in one state working in state husband is stationed in

[bsiver315]

mine and my husbands residents is NY but he is stationed in NC as to why i live here as well. My husbands W-2 says NY state Mine says NC how do i file this? My drivers license is still NY but my working license is NC. one of my W-2s was filed with MSRRA but my first place of work here in 2015 was just filed like normal. please help!! Im so confused....

[ToddL · Accepted solution]

You will both file a NY resident tax return, and report all your income (even NC). This is done automatically by the program as long as you select both select NY as your State of Residence. 

Do not check "I lived in another state in 2015". This question is intended to identify taxpayers who have changed their state of residence during the year. As an active-duty military family, your state of residence didn't change (unless you took action with DFAS to change it). 

You will have to file a NC return to get a refund of any NC taxes withheld by your employer. You can stop further withholding by filing  Form NC-4EZ with your employer.

https://ttlc.intuit.com/replies/3302300

The NY state return interview will ask several questions about your husband's military service - if he was out of the state all year, did not maintain a physical residence in NY, did maintain a physical residence in NC, his military pay should be exempt from NY Tax.