I am military domiciled in FL. My wife and I live in VA and she works there. Can I file my Federal taxes jointly and then file VA state taxes for my wife separately?

[ToddL]

Is she a VA resident? Is she in VA only because you are assigned there? Where did she live before you got married?

[simo]

She lived in CT, a heavily taxed state.  VA resident now due to my assignment.

[cph0001]

if you can prove that she moved with you as part of your military assignments, then you can claim FL as home of record for her as well, therefore not paying va state income tax. It was part of the update to the servicemembers relief act. Virginia never advertises it and requires you to provide the same documentation to get the entire refund back year after year. It's worth it but painful.

[ToddL · Accepted solution]

Yes, you can file your Federal taxes jointly and then file a separate VA state tax return for your wife. In fact, you are required to do this.

From the VA 2016 Form 760 Resident Individual Income Tax Booklet:

"Married Taxpayers: If one spouse is a Virginia resident and the other is a nonresident, you may not file a joint Virginia return unless you both elect to determine your joint Virginia taxable income as if you were both Virginia residents. If the spouses do not make such election, the resident spouse will file either Form 760 or Form 760PY, while the nonresident spouse will filele Form 763, if applicable."