Military spouse resident

[brandonlcarmen]

My wife and I were residents of Georgia. I've been stationed in North Carolina for 5 years and my home of record is Georgia. My wife obtained a NC drivers license and we also bought a home in NC. I am still a GA resident but is she? If I add her as a NC I owe NC taxes yet my wife doesn't work nor does she have any income to report in the state of GA or NC. Why do I owe NC money if I add her as a resident?

[SteamTrain · Accepted solution]

your wife doesn't automatically become an NC resident with the D.L......but registering to vote in NC is a big indicator that she has given up GA as her State of legal residence, protected under MSRRA.  You should both only vote absentee in GA.

1)  If she hasn't registered to vote in NC, then remove her setting as an NC resident on the personal info page and delete the NC tax return.

2) If she has registered to vote in NC, then she has effectively given up her GA-Residency lock.....but, if she had no income from a job of any kind in NC, nor did she work self-employed in NC, then you/she doesn't have to file in NC either...and you can delete the NC tax forms.

https://ttlc.intuit.com/questions/1900608-how-do-i-delete-my-state-in-turbotax-online

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3) Now, if you...the military person, worked an off-duty civilian job in NC.....or either of you had self-employment income in NC...or owned a rental property in NC that you rented out to others in NC...then you would be required to file an NC tax return for that income.