Military - Spouse resident of a different state

Trin1227 — Thu, 16 Jan 2025 16:52:16 GMT

My husband is active duty military and we are currently living in Alabama for his training. I work a normal civilian job in the state and have changed my residency over to Alabama as we bought a car in April and one of us needed state residency to register it. My husband never changed his residency over as training for his job is almost never more than 2 years so he has maintained residency in Ohio.

We want to file jointly for federal but I’m not sure if we can file jointly for state as I have found some conflicting information. And if we can file jointly for state I don’t know how to determine which state it would be under. Not sure if his military status affects this.

Is there a version of turbo tax premium that can help us work through this? We should only have 1040s no schedules.

Re: Military - Spouse resident of a different state

TomD8 — Mon, 20 Jan 2025 15:53:47 GMT

Per Section 302(a) of the VBTA act of 2018, civilian spouses of active duty servicemember have the option of filing state taxes as a resident of their servicemember's military HOR/SLR.

https://www.congress.gov/bill/115th-congress/senate-bill/2248/text

Thus you and your husband have the option of filing jointly as Ohio residents.

Since you changed your state of residence during the tax year, you would have to file as a part-year resident in each of the two states in which you had residence, UNLESS you elected to file a joint Ohio return with your husband.

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Military - Spouse resident of a different state

Re: Military - Spouse resident of a different state