Military Spouse - W2 has 2 states listed

sbart81 · ‎June 6, 2019

Military Spouse W2 has two states - I have only had my legal domicile include in the past, but a new employer included both my legal domicile (NM) and the state I currently live in (WV). I am afraid this will cause problems with my state tax submission.

Should only NM be included as my legal domicile? Does my employer need to correct my W2?

ToddL · ‎June 6, 2019

No matter how your employer reported your wages on the W-2, it does not affect on how you are taxed on the income. Also, nothing on your W-2 has any effect on your state of legal residence.

As long as you answer the interview questions correctly, your income should only get taxed by NM.

When you complete the Personal Interview:

Select NM as your state of residence;
Answer "No" to "(You) lived in another state in 2017?"

(The question "lived in another state" applies to your state of residence. Active-duty military and their spouses are considered to be "living" in their home of record state, regardless of where they are stationed).