My husband is Active duty in GA and i lived&worked in different state. How can i file the tax ?

[Erin G]

Hello, I have a question as I am trying to handle the tax filing myself after working with an accountant. My husband and I are both New York residents, but since he is active-duty military, he is currently in Georgia. For our 2023 tax filing, we filed jointly— I filed as a New York resident and my husband filed as a Georgia resident with a W-2. For 2024, I worked in New York and received a W-2 as a New York resident, while my husband received his W-2 from Georgia. In this case, when filing jointly, should we report the state taxes separately for each of us? Also, since my husband is active-duty, is there any specific reporting requirement for him? This is our first time filing taxes ourselves, so I'm not sure how to proceed. Thank you.

[MaryK4]

If spouses live and work in separate states, you have to check each state for the filing requirements.  For both New York and Georgia, you have the option to file a state joint or separate return.

Because your husband is military, there are special rules.  The most important one that may apply is that active duty military do not change state residency automatically when they are stationed in another state.  See What is my military state of residence? - TurboTax Support

If your husband only had active duty pay, you would only have to file a New York Resident return, unless he abandoned his New York state domicile and established in Georgia.  You can file New York state only for 2024, and his military pay is exempt from state taxes.    Note: if he had other employment in Georgia, he would have a nonresident filing requirement.

Your husband will have to contact DFAS to have the Georgia state withholding corrected.  If he did not intend to change residency, you can file an amended return for Georgia 2023 to indicate he was a nonresident and you will be able to get the taxes paid refunded.  He will have to file a 2024 nonresident return as well to get the withholding refunded.

[TomD8]

If your husband's military HOR/SLR is New York, then his military pay is not subject to GA income tax and GA income tax should not have been withheld from his pay.  

Look at his military W-2.  GA should not appear in Box 15 and there should be no GA tax withheld in Box 16.  The mailing address at which he received the W-2 is irrelevant.

If there are no GA withholdings in Box 16, and if his only income in GA was his military pay, then there is no need for him to file a GA tax return.