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New Member
posted Apr 2, 2023 2:58:42 PM

I am a military spouse who worked in the state where we moved to. If we are residents of another state, do I need to file a state return for the state I earned income in?

0 7 2032
7 Replies
Expert Alumni
Apr 2, 2023 3:10:42 PM

Only if they withheld that state's tax and you wish to have those taxes refunded. 

 

“Military spouses may elect to use their active-duty service member’s state of legal residence for the purposes of taxation, as long as their current location is a result of their service member’s military orders.”

 

Source 

New Member
Apr 3, 2023 1:58:27 PM

Do I need to file a return for the state I worked in as a non-resident? I have no interest in getting the withheld taxes back, I just want to make sure I'm doing everything that's required. 

Expert Alumni
Apr 3, 2023 2:34:43 PM

Yes, since it appears that you have withheld taxes.  What state?  And in most cases when taxes are withheld you should file.  Otherwise you are leaving an opening for discussion.

 

However, each state is different and if you provide the name of the state, I will be able to provide a definitive answer.

 

Please return to this forum if you need additional assistance.

New Member
Apr 3, 2023 2:44:19 PM

Ok, stationed and lived in DC but worked in Maryland. Per my W-2, DC taxes we’re withheld. 

Level 7
Apr 3, 2023 4:30:47 PM

No, you will not need to file a MD return, just a DC return. If the state that you live in and the state that you work, have a reciprocity agreement, you will not have to file two state returns. The states of DC and Maryland do have a reciprocity agreement.

 

As a worker in a reciprocal state, you can fill out that state's exemption form and give it to your employer if you don't want them to withhold taxes for your work state. If you do this, make sure your employer also withholds taxes for your resident state, otherwise you may get hit with underpayment penalties come tax time.

New Member
Apr 3, 2023 4:47:03 PM

I’m not sure if it was noted in the above thread but I am a resident of ALaska. Will this make a difference if I need to file a state return for DC or not? 

Expert Alumni
Apr 3, 2023 5:18:29 PM

Yes it matters. Now that I think we have all of the facts.

 

Facts: HOR is Alaska, live in DC, work in MD. 

 

 

You should fill out and give Form MW507M to your employer to prevent future withholding.