Do I need to file a return for Deleware when my husband didn't work for all of 2022 but collected Social Security and I am active duty military stationed in Deleware?

Forum|Forum|3 years ago
January 28, 2023
1 reply
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My official residence is in another state

TurboTax Deluxe Online

Best answer by TomD8

If your military State of Legal Residence (SLR) is not Delaware, then you would need to file a Delaware tax return only if you had Delaware-source income other than your military pay.

Your non-military spouse has no obligation to file in Delaware. Delaware does not tax Social Security benefits.

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https://ttlc.intuit.com/turbotax-support/en-us/help-article/state-taxes/military-spouses-state-taxes/L9JMT8Mo3_US_en_US?uid=ldgme41j

ThomasM125

If your home of record is not Delaware, you can choose your residence in the other state and your spouse can do the same. In that case you would not be required to file a tax return in Delaware.

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TomD8Answer

If your military State of Legal Residence (SLR) is not Delaware, then you would need to file a Delaware tax return only if you had Delaware-source income other than your military pay.

Your non-military spouse has no obligation to file in Delaware. Delaware does not tax Social Security benefits.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.