My spouse's state of residence since I am active duty AF. We were both WY residents when we were married and before I entered. Can he claim WY-works in VA?

[cahartley]

As listed by the MSSRA, just not sure since he works in VA if he can claim WY.  He has not voted here.  Asked question yesterday, but received information on me as active duty not the spouse.  Thanks!

[ToddL · Accepted solution]

Short answer: Both of you can claim WY as your state of residence for tax purposes (but please read on).

Long answer: If you entered the military from WY, your state of legal residence (HOR) continues to be WY no matter where you are stationed. 

Active-duty military (and their spouses) are considered to live in their state HOR no matter where they are stationed. Their active-duty pay (and spouses local pay) is considered to be earned in their state HOR. 

The military member's DFAS W-2 should have WY as the "tax state" (boxes 15-17). The only reason you would file a VA return would be if you had non-military income from VA.

When you complete the Personal Interview:

1. Select Wyoming as your state of residence on December 31, 2016 (both of you);
2. Answer "No" when asked if you "Lived in another state in 2016?"(both off you). That question only applies if you changed your state of residence in 2016.
3. Answer "No" when asked if you "Earned money in another state?", unless the military member had non-military income from VA.

What is my military "State of Residence"?

State Military Filing Rules