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Military Spouse Residency

I am active duty military stationed in Maryland.  I met my wife in Maryland and we married in Sep 2023.  She was a resident of Maryland at that time.  I am a resident of Texas.  

 

Can she now use the MSRRA act to claim Texas as her state of residency for Income Tax purposes?  Texas has no state taxes, so she would be able to be refunded the state taxes payed in Maryland.

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1 Reply
DMarkM1
Expert Alumni

Military Spouse Residency

She can choose your home of record state as her resident state, but since she lived in MD before the wedding she would be a part-year MD resident.  

 

In the "My Info" section edit your spouse's personal information and indicate she lived in TX beginning on your wedding day. This will generate a joint part-year return for MD. In the MD interview exclude your military pay and allocate only the part of her pay that was pre-wedding day to MD.  

 

According to MD Admin Release 1, going forward your spouse, "Must timely and annually submit Maryland Form MW507 and MW507M3 to the employer asserting and attesting to the civilian spouse’s exempt status from withholding requirement;"

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