Virginia Military Tax

Forum|Forum|3 years ago
April 2, 2023
2 replies
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I am not a resident of Virginia. I am married and my spouse had income from Virginia. Do we have to pay Virginia taxes? I am active duty military and was active while in Virginia and while married. We moved out of Virginia in the middle of the year.

If we do have to file a Virginia return, how do we do this? Do I file one or just my spouse?

SteamTrain

Depends...was your civilian spouse claiming the same HOR/SLR (state of legal residence) as you do under MSRRA? i.e non-VA residency?

And did she actually have any VA taxes withheld on her W-2 income? (Assuming she was not self-employed).

___________
Read:

What is my state of residence as a military spouse? (intuit.com)

and

What is my military state of residence? (intuit.com)

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

MAK70

You can elect to treat your spouse as a resident of your Home of Record- in which case you will report and pay tax to that state. However, if your wife's employer withheld state taxes for Virginia, you can file to have the withholding refunded.

See What is my state of residence as a military spouse?