Active duty residency

Forum|Forum|1 year ago
February 20, 2025
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My husband is active duty and stationed in Texas. I was living in WV and drew WV income. How should we file our taxes

AmyC

Questions and answers:

Q. Where is his state of legal residence (SLR) on his home of record?

A. Your husband must follow the rules of his state of legal residence. There is nothing to file for Texas.-some states require a military member to file a return for information purposes when not a resident.

Q. What is your state of legal residence since a nonmilitary spouse may be able to keep the same resident state of the military service member, regardless of which state they live in. See What is my state of residence as a military spouse?

A. You must file WV since you have WV income and he does not live with you. Military spouses in WV due to military orders are exempt from tax. WV military rules

MFJ federal is usually best. You will need to do a mock federal filing separate to report your WV income. You may need to file a state return for his SLR and it might be joint depending on the state and your SLR.

Reference:

West Virginia - Personal Income Tax Forms & Instructions page 19 for filing status

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