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EMS20
New Member

Marriage and out of state move

I worked half the year then moved out of state. While living in the new state I got married. I have not worked in the new state. I collected VA disability in both states. How does this affect my filing?

 

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1 Reply
K M W
Employee Tax Expert

Marriage and out of state move

Congratulations on the marriage!

 

Your question relates to state filing requirements. Each state has its own separate rules on who is required to file a tax return, so part of the answer depends on which states you lived in.

 

States will tax you if you are a Resident of the state, or will tax you if you earned income in that state, even though you did not reside in that state. In the year you move between two states, you are considered a Part Year Resident of each.  VA disability benefits are generally not taxable, so depending on whether you had other income, you may not have a reporting requirement in either state.

 

So, if you moved between two states in 2022, you would need to consider if you need to file a Part Year Resident return in each of those two states, based on income earned while you lived in that state.  And, there are several states that do not have an individual income tax, so depending on which state you lived in, the question may not be applicable.

 

Of course, you will also have to consider what filing status you will use. IRS guidelines are that your marital status is determined as of the last day of the year - so if were legally married as of the last day of the year, you would file your tax returns as either Married Filing Joint or Married Filing Separate (note, in certain cases, even if married you may meet special rules to be "considered unmarried" and file as Head of Household).  Keep in mind that if you file jointly, you would have to consider your spouse's income and residency when filing the state tax returns.

 

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