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MSRRA- Georgia with FL HOR

I am active duty with FL as my home of record. My girlfriend at the time, also a FL resident, moved with me to GA on PCS orders in May 2018. Her 2018 GA state return was filed as a non-resident since she still maintained everything from FL.  After we got married back in FL in Sept 2019 she got a GA license when she changed her name.  I didn't know MSRRA was an option so she never filed a G-4 with her employer to stop GA withholdings. Now for 2019 returns we are filing jointly. 

Can my wife still claim FL?

Do we still file GA and claim non-resident?

Or does she just file her own GA state return?

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1 Reply
MaryK4
Expert Alumni

MSRRA- Georgia with FL HOR

Yes, you can still claim Florida as her residency under the MSRRA, but you may want to change the driver's license back to Florida if possible so there is NO doubt of her Florida residency.  Because she did not file the G-4 you will have to file the Georgia nonresident BUT you can enter zero for the Georgia wages and get a refund for the taxes withheld.

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