Do Military Spouses Pay State Taxes In Virginia Military personnel stationed inside or outside Virginia may be eligible to subtract up to 15 000 of military basic pay received during the taxable year provided they are on extended active duty for more than 90 days
The spouse only pays taxes on income in their state of legal residency when they meet the above conditions The Veterans Auto and Education Improvement Act of 2022 further amended tax residency laws in the SCRA What Form Should I File Military Spouse VA During the taxable year were you a military spouse covered under the provisions of the Military Spouse Tax Relief Act whose legal domiciliary residence is Virginia Yes No Get Virginia tax filing reminders and tax news for individuals and businesses
Do Military Spouses Pay State Taxes In Virginia
Do Military Spouses Pay State Taxes In Virginia
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State Taxes On Military Retired Pay The Official Army Benefits Website
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The new law opens the door to service members and their spouses to pick the state in which they pay income taxes from three options the legal residence or domicile of the service member The 2023 Veterans Auto and Education Improvement Act of 2022 allows the active duty service member and spouse to file state income taxes based on one of three choices The residence or domicile of the service member the residence or domicile of the spouse or the permanent duty station of the service member
Under the Servicemember Civil Relief Act as amended by the Military Spouses Residency Relief Act a spouse of a military servicemember may be exempt from Virginia income tax on wages if the servicemember is present in Virginia in compliance with military orders Under the Military Spouses Residency Relief Act income earned by a nonresident military spouse or dependent living in Virginia to be with a Servicemember spouse parent permanently stationed in the state does not have to pay Virginia income tax The spouse and dependents must reside in the same state as the Servicemember
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The Military Spouses Residency Relief Act MSRRA lets you keep the same state of legal residence as your service member spouse This way multiple states and tax localities won t tax you when your spouse moves for military service If Joe is married and his wife works in a civilian job in Virginia she might have to file a state tax return in Virginia However if she qualifies under MSRRA she might also be able to claim South Carolina as her state of legal residence along with her husband
For example the Virginia Department of Taxation Military Spouses Residency Relief Act webpage still outlines several situations in which it says taxes are owed to Virginia These Note for Person A If they work a nonmilitary job in Virginia they may have to file a tax return and pay tax in Virginia See Filing State Taxes When You re in the Military and Civilian Pay Earned by Active Duty Military for more details
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https://www.tax.virginia.gov/military-tax-tips
Military personnel stationed inside or outside Virginia may be eligible to subtract up to 15 000 of military basic pay received during the taxable year provided they are on extended active duty for more than 90 days
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The spouse only pays taxes on income in their state of legal residency when they meet the above conditions The Veterans Auto and Education Improvement Act of 2022 further amended tax residency laws in the SCRA
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Do Military Spouses Pay State Taxes In Virginia - If you are a nonresident of Virginia stationed in Virginia your active duty military pay is not taxable to the state Your W 2 should not have Virginia listed in Box 15 If the income is not allocated to Virginia it is not included on the state return If one spouse is a resident of Virginia and the other is not you would file Married Filing
