Question

Dual State Military & Civilian Residency Living Overseas

Forum|Forum|8 years ago
April 7, 2018
1 reply
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Me: Active Duty Military, Colorado Resident, Stationed Overseas (non-combat zone) for the entire year

Spouse: Government Civilian (MD Wages), Maryland Resident, Stationed Overseas (non-combat zone) for the entire year

Us: Earned rent income from house in Maryland (home is in both our names)

Question: Do we need to file MFJ as Non-Residents for MD or file MFS?

TurboTax Online

Carl11_2

Since you both have MD income, file joint. Not sure about the MD state return, but I'm confident when you file joint, you can indicate you are a NR while your spouse is a resident. But regardless, no matter how you file the MD state return, your spouse files as a resident since that is in fact, their SLR and the rental income is in fact, MD generated income. Shouldn't be a problem for you to exclude your military income from MD taxation.