Military Spouse Claim TX work in VA - Voter Registration

[DJson]

I need some assistance with completing my 2021 taxes with the following attributes;

1. I am a military spouse of an active-duty Army member during 2021.

2 My spouse's home record has been TX his entire career

3. I am from Texas and have moved with my spouse (TDY) for over 25 years

4. I have an address in Texas, TX driver's license but have not worked in texas.

5. I have worked in each state we have PCS'd to during this military time

6. I tried to use the Military spouse relief to claim TX aligned with my spouse in 2020 and was denied indicating that I registered to vote in VA and worked in VA.

7. I changed my voter registration back to Texas same address in May 2021.

Question: Do I have to pay VA state taxes for the full or partial year (May 2021 changed voter registration back to Texas) or can I claim TX and request a refund from VA?

[TomD8 · Accepted solution]

You are exempt from having to file taxes in Virginia if you meet the criteria outlined under "Who Qualifies for Relief" in this reference:

https://www.tax.virginia.gov/military-spouses-residency-relief-act-faqs

Note that voter registration is not mentioned at all.

[DJson]

Thank you that helps.  I was unfortunately provided erroneous information last year.

based on the TT software do I just change my state of residence from VA to TX or is there a special process I should use that is outlined somewhere to take advantage of this regulation?

[JohnB5677]

To request a change of Home of Record:

Individuals requesting a home of record change must submit a written request with
their full name, SSN, and the place they want their home of record changed. 

The request should include any documentation ( in this case marriage certificate ) (which is not already on file in the OMPF)
to support their request. 

Enlisted Soldiers: (Note: SRDC cannot change home of record on the ERB). Director, SRDC, 899 E 56th Street, ATTN: AHRC-ERP, Personnel Actions Branch, Indianapolis, IN 46249-5301 

Officers: Commander, U.S. Total Army Personnel Command Alexandria, VA 22332-0400 

For further information, contact the Legal Assistance Office, Stuttgart Law Center, DSN 421- 4152; Civ 0711-729-4152 or make an appointment at www.stuttgartcitizen.com/appointments.

Home of Record or State of Legal Residence Change

[TomD8 · Accepted solution]

@DJson --

For purposes of your tax return, in the My Info section of TurboTax simply enter your State of Residence to match that of your servicemember spouse.

@JohnB5677 's answer refers to a situation where the servicemember wishes to change his military State of Legal Residence.  

[DJson]

Thank you, I wanted to make sure.  I appreciate your response.