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[roseblooomstudio]

Hi, 

My husband is active duty and he's state of residency is Texas. I work in DC but we live in Maryland. (He's current station is Maryland)

We married 2018 and I got whole state tax pay back on 2018 when we filed together with MSRRA. 

I still pay MD State tax through my employer. But I would like to request to stop withholding state tax. 

I was going to fill out 'MD Withholding Tax Exemption' but I have no eligibility according to instruction since my husband's permanent duty state is out of MD (which is TX).

How should I talk to my employer?

Thank you.

[Critter]

https://forms.marylandtaxes.gov/19_forms/MW507M.pdf

[Critter]

No ... you file a DC exemption form since you work in DC ... you will not file any MD return at all. 

https://www.trade.gov/jobs/forms/d4a-certificate-of-nonresidence-in-dc.pdf

[TomD8]

Under the new tax law you may take your active duty military servicemember's state of residence (Texas) as your state of residence for tax purposes.  Which makes you a non-resident of MD with no MD-source income, and thus not subject to MD taxes or withholding.  If your employer is currently withholding MD taxes, submit to them the form referred to by @Critter in her original answer.

[Carl]

@TomD8 Texas doesn't tax personal income. So if the non-military spouse takes the AD/MIL state of residence (which is TX) the spouses income will "NOT" be exempt from state taxes in the state where they work. In this case, the spouse would not qualify for MSRRA.

[TomD8]

@Carl  In this case, OP works in DC.  If spouse takes TX residency, no DC tax is owed.  DC does not tax residents of any other state.

[Carl]

DC does not tax residents of any other state.

Gotcha. I'm assuming that applies to anyone, regardless of their affiliation with a military service or military service member. So that means MSRRA doesn't come into play here, and therefore still does not apply. They're not gonna be taxed by DC anyway.