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svan
New Member

I am a military spouse in GA. It only give me the option of resident, part time resident, made money but never lived there. I want to claim my husband's state of res.

I would like to use the military spouses relief act.  The program doesn't give that option.  It only says resident, part time resident, and made money but never lived there.  I do work in GA.

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1 Reply
Phillip1
New Member

I am a military spouse in GA. It only give me the option of resident, part time resident, made money but never lived there. I want to claim my husband's state of res.

You can utilize the Military Spouses Residency Relief Act if all of the following applies: 

When the military family no longer lives in that resident state, to qualify under the MSRRA, the following conditions must be met:

  • The service member is stationed, in compliance with military orders, in a state that is not his resident state,
  • The nonmilitary spouse is in that state solely to live with the service member, and
  • Both the service member and spouse have the same resident state.

When the nonmilitary spouse meets the above qualifications, their wages from services performed in that new state will only be taxed in their resident state, not by the state they are currently living in.

IMPORTANT:  when living in a non-resident state, the spouse needs to check the state laws to determine if they need to declare their non-residency for withholding purposes. This may be required by their employer on an annual basis.

If you meet the MSRRA qualifications above and GA is the state where you are stationed, you can file form G-4 with your Georgia employer's to suspend any future withholding so there will be no need to file Georgia returns in the future. See this PDF:  http://dor.georgia.gov/sites/dor.georgia.gov/files/related_files/document/LATP/Policy%20Statement/1-...

If there was GA withholding on your W-2, select the residency option "made money but never lived there" (this is the same as non-resident). As you go through the GA screens, there will be options to allocate income as GA source income or non-GA source income. Make sure you allocate all income as non-GA source income by entering zero on all GA source columns.

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