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Level 2
June 6, 2019
Question

Under the Veteran Benefits and Transition Act I can claim FL as my state with my husband. Do I still file a VA return as a nonresident or do I not need to file at all?

  • June 6, 2019
  • 2 replies
  • 13 views

My husband is active duty military and claims FL as his state of residency. I am a Virginia resident, but can now claim FL as my state under the Veteran Benefits and Transition Act. I think I am now supposed to file a 763-S to get a refund on my VA income tax withheld from last year, but what am I supposed to do for my Virginia State return? Do I do nothing since I can claim Florida now? Do I file a Virginia return as usual and then file the 763-S to get my money back? Or do I file a Virginia return as a nonresident? My husband and I filed our Federal return already and I put all my info in as a Florida resident.

2 replies

Level 12
June 6, 2019
If this was not helpful, what information can I provide that will be? Here is the information for a VA Non-Resident Tax Return: <a rel="nofollow" target="_blank" href="https://tax.virginia.gov/residency-status#blocktabs-residency_status-3">https://tax.virginia.gov/residency-status#blocktabs-residency_status-3</a>
Level 12
June 6, 2019

No, if you filed as a Florida resident under the Veterans Benefits and Transition Act, you do not need to file a non-resident VA tax return unless you want to receive a refund for the VA state taxes withheld.

Under the new law, you would file a VA Non-Resident Tax return because your state of residence is now Florida.

For more information, follow these links: Military Spouse Act December 2018