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eve8522
New Member

I'm state exempt from income taxes since I'm a Florida resident. However, my husband is active duty military. I did pay some state taxes to Maryland will I be getting that back?

 
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DanielV01
Expert Alumni

I'm state exempt from income taxes since I'm a Florida resident. However, my husband is active duty military. I did pay some state taxes to Maryland will I be getting that back?

It depends.  If your husband's SLR is also Florida, then yes, you will get the Maryland taxes back.  Please see this FAQ on Military Spouse Residency, and especially the Joe and Mary example:  https://ttlc.intuit.com/replies/3302300

By that FAQ and MSRRA rules, you are always a Florida resident if your husband also is, and you only accompany him to other states because of PCS orders.  But if he is not, then you have become a Maryland Resident for tax purposes and would pay Maryland tax on your income.

However, if you are in fact a Florida resident because of MSRRA, then you will file a Maryland nonresident return with a zero income.  It might be necessary to mail in the return with the W-2 and a documentation of your residency status so that the income taxes are returned to you.  In addition, you will want to mention this to your employer as well so that they stop withholding Maryland tax, and then you will not need to file a Maryland return in the future.

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DanielV01
Expert Alumni

I'm state exempt from income taxes since I'm a Florida resident. However, my husband is active duty military. I did pay some state taxes to Maryland will I be getting that back?

It depends.  If your husband's SLR is also Florida, then yes, you will get the Maryland taxes back.  Please see this FAQ on Military Spouse Residency, and especially the Joe and Mary example:  https://ttlc.intuit.com/replies/3302300

By that FAQ and MSRRA rules, you are always a Florida resident if your husband also is, and you only accompany him to other states because of PCS orders.  But if he is not, then you have become a Maryland Resident for tax purposes and would pay Maryland tax on your income.

However, if you are in fact a Florida resident because of MSRRA, then you will file a Maryland nonresident return with a zero income.  It might be necessary to mail in the return with the W-2 and a documentation of your residency status so that the income taxes are returned to you.  In addition, you will want to mention this to your employer as well so that they stop withholding Maryland tax, and then you will not need to file a Maryland return in the future.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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