topic Re: What state do I fall under? in Tax help for military filers

What state do I fall under?

julehleh — Fri, 19 Feb 2021 04:50:28 GMT

Hi,

So I left active duty in Dec 2019, and I would always file under Texas (where I’m from). After I separated from the military, I decided to be a stay at home mom. I am currently living in Oklahoma, but I have a license from North Dakota (prior duty Station). I’ve been living in Oklahoma for a year and a half now. My husband is from South Carolina and has always filed with them. He is active duty military. My question is, what state do I fall under? Texas? (Where I’m from) Oklahoma (I’ve lived here for longer than a year) ? South Carolina (because I’m my husband’s dependent) ? North Dakota (because of my license)? Thank you in advanced! I hope this isn’t too confusing!
this is my timeline if it’s more clear :

2014- 2019 (AD military, filed under Texas, lived in North Dakota)

June 2019- moved to Oklahoma

Dec 2019- officially separated from military

Re: What state do I fall under?

SteamTrain — Fri, 19 Feb 2021 13:20:53 GMT

Assuming you move along with your military spouse's postings (except for deployments)

As the civilian wife of a Military (SC) spouse You only have two choices since your own separation from service.

1) Same as Military spouse (SC)

2) Whichever state you are living in (OK)

IF you use #1, you will always use that as your state of residence in any tax software, no matter where your family is posted.

If you use #2, you are supposed to change your resident state setting to where you are posted, every time you move to a new state, file part-year tax returns for both states every time you move (not always required if you don't have any income of your own...but that would depend on the state involved) and get new DL, voting registrations, etc, every time you are posted to a new state.

Your mailing address is only that...the mailing address does not set the state of residence when you enter your name and SSN in the Personal Info section.

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SO using #1 is less grief, and if you ever get a W-2 job in whatever state you are posted to, there is a form to file with each employer where they don't withhold that states taxes since you are a SC resident...and only SC can tax your income.

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Can you keep your ND driver's lsic.? Probably...until it expires, and you are forced to get a new on in whichever state you are living in...but that can vary by state too but I'm not very knowledgeable on that. I think CA requires civilian spouses to get new CA drivers lisc when they are posted to CA. Many states do not, so you might need to check with post legal services.

Re: What state do I fall under?

julehleh — Wed, 24 Feb 2021 03:31:39 GMT

Thank you so much!!