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spencerj
New Member

Non-Military Spouse State Taxes portion is confusing

 

I am military, resident of TX.  Spouse is non-mil, and allowed to choose my resident state as hers.  We are stationed in NC.  She has a job in NC.  Do we need to file NC state taxes or just press on and ignore the apps warnings?  If yes, then how do I make sure on the app/website while doing the state taxes is only accounting for HER income and not my military non taxable income? 

Currently the app is not very specific on these considerations.  Would do developers good to sit down and go page by page with a military customer to hear how we could improve the app.   I can tell something is off because she only just started that job and the State tax due is the most I have ever owed come time to check out.  Otherwise, ready to file.

Thanks in advance.

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2 Replies
ToddL99
Expert Alumni

Non-Military Spouse State Taxes portion is confusing

If your wife claims TX residency, then she would not be subject to NC tax on her NC income. She may, however, have to file a NC return

 

If her employer did not withhold NC tax, then she would not need to file a NC return.

 

If her employer withheld NC tax, she would have to file an NC return to get that tax refunded. She can stop future NC withholding by filing a Form NC-4EZ to claim exemption from state withholding under MSRRA (see below).

 

Make sure you answer the federal and state tax interview questions carefully. Active-duty military are considered to live in their state HOR no matter where they are stationed. Their active-duty pay is considered to be earned in their state HOR.   When you complete the My Info Personal Interview (both you and your wife): 

  1. Select Texas as your state of residence; 

  2. Answer "No" when asked if you "Lived in another state in 2020?" That question only applies if you changed your state of residence in 2020. 

  3. When asked if you "Earned money in another state?", answer "No" (unless the military member had non-military income in the state where you are stationed). 

 

Under the "Military Spouse Residency Relief Act" (MSRRA), your wife is afforded some protection from state income taxes when living outside her state of residence because of your military assignment. Twenty-two states (including NC), however, require that active duty military member and his/her spouse be residents of the same state in order for the spouse to enjoy the income tax protections of the MSRRA.   

For additional information, see Military Spouses and State Taxes 

 

Non-Military Spouse State Taxes portion is confusing

......edited out.. unneeded..  already very well explained

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
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