I am trying to file a return for me and my husband he is in the army, his home of record is NC. he pays state taxes for

Forum|Forum|5 years ago
January 26, 2021
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he pays state taxes for NC, we live in KY tho and i work in KY, i pay state taxes for KY. it’s trying to tell me to file seperate now but i already did a federal return for married filing joint.

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BillM223

Kentucky allows you to file separately even if you filed joint on the federal return. Please see this TurboTax Help page on how to do this. You can pick whichever method gives you the better result in Kentucky, but, this will require a certain amount of work from you.

Please refer to Daniel's answer here.

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TomD8

You have another option.

Sections 302(a) and (b) of the Veterans Benefits and Transitions Act of 2018 (VBTA) allows spouses of active duty servicemembers to elect to use the same legal residence as the servicemember for state and local income tax purposes. The spouse does not have to physically live in the state or meet any other state residency requirements to do so.

So you have the option of filing your state taxes in NC with your husband. (You can still file in KY if you prefer - the option is yours.)

https://www.congress.gov/bill/115th-congress/senate-bill/2248/text

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