I lived in FL for years before moving to SC and I still have FL license as well as voting in FL.I live with my active duty husband in SC where I work on the base.I file for both FL and SC?

[MaryK1 · Accepted solution]

There is a law, MSRRA that allows you to keep your Florida residency and pay income tax to your resident state if you are in South Carolina with your spouse on military orders.  The MSRRA applies if:

1. The state where the servicemember and spouse are living is not the domicile of the spouse or the servicemember;

2. The spouse resides in the state solely in order to live with the servicemember;

3. The servicemember is present in the state as a result of military orders; and

4. The spouse and the servicemember both have the same domicile.

If the above applies to you, you would not have to file a state tax return, because your income would be taxed by Florida which does not have an income tax.

However, if you did not complete a South Carolina tax exemption form with your employer and SC taxes were withheld, you will have to file a nonresident SC return for refund of the withholding.