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Adam2
New Member

Should IL resident military spouse working in VA file 763-S in VA or take IL Credit for taxes paid to another state or do both?

Military spouse, IL Resident, working in VA for all of 2016.
Following the prompts on the screen, I am led to both take the IL credit for taxes paid to another state and also file VA 763-S (non resident claim for individual income tax withheld) which seems wrong, but I don't know which to do.
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1 Reply
DanielV01
Expert Alumni

Should IL resident military spouse working in VA file 763-S in VA or take IL Credit for taxes paid to another state or do both?

You should only have to file an Illinois resident return.  See the following FAQ for Military Spouse state returns:  https://ttlc.intuit.com/replies/3302300. You are not a Virginia resident if your spouse was only stationed in Virginia

Double-check your W-2.  If no taxes were taken out for Virginia, you only will file an Illinois return.  Double-check the following entries in TurboTax:

·         In the Personal Info Tab.  Answer “no” to the question “Did you live in another state besides Illinois” and “no” to the question “Did you earn money in another state besides Illinois?”

If taxes were taken out for Virginia, contact your company’s payroll department and let them know you are a Military Spouse and an Illinois resident.  You should only be taxed in Illinois.  If this happens, you will need to file a Virginia return and override the Virginia income so it says “0”.  You will get back the taxes you paid to Virginia.  But this income will be taxable to Illinois so your taxes would go up for Illinois.  (You would not get the credit for state taxes paid to another state because it will all get refunded to you.)

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