Posted on Jan 30, 2018
SPC Britanny *Winnie* Balthaser
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I was a service member and the last time I filed taxes personally with my own work was in Texas and I claimed Texas (drivers license in all). My husband's home of record is South Carolina. This is the first year in more than 5 years that I have worked and we live in Virginia where he is stationed. I technically do not qualify for the MRSSA (Military Spouses Residency Relief Act) due to the fact I have never lived South Carolina and do not hold a drivers license from that state.

How do I go about filling out the Virginia tax return as a non-resident?My mom helps us with our taxes and she is a bit confused herself saying they take in effect my husbands AGI (Adjusted gross income) which in turn changed the number on our federal return. So I am asking while I try to get ahold of Tax Act which is at time difficult.

Why is this so complicated?!
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SPC Britanny *Winnie* Balthaser
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Have to file my state return basically as joint filing separate regarding the state return (not the federal) some states allow you to use the states return without the federal portion (my husband's AGI) affecting the state return in any way. But unfortunately, this is not the case. It was suggested by Tax Act to just go ahead and fill out the paper return for Virginia because the hassle to create a second return on Tax Act (needs its own user and pass) is a lot. Thanks Guys COL Mikel J. Burroughs Capt (Join to see) MSG (Join to see) SGT Micah Greer, VET
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Capt Retired
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Each state is different. But, every state where I have lived (14 of them) had a box to mark for filing as a non-resident.

As said by others, seek a tax expert in your state.
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SPC Britanny *Winnie* Balthaser
SPC Britanny *Winnie* Balthaser
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Capt (Join to see) If onlyu TaxAct would answer the phone... Like The VA at this point...worse is can't even get on hold it just straight says our call volume is higher than normal and try again (hangs up)... Frustrating
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Capt Retired
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You should be able to get instructions from your state government site. Or the state you are paying taxes to.
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How does one file taxes as a non-resident of a state? Would that affect my husband's and my federal claim?
MSG Intermediate Care Technician
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MSG Intermediate Care Technician
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SPC Britanny *Winnie* Balthaser - Sorry. Those were the best I could find
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SPC Britanny *Winnie* Balthaser
SPC Britanny *Winnie* Balthaser
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MSG (Join to see) - Well one says I should still file a return in my home state, but I havent done anything in that state....
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MSG Intermediate Care Technician
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SPC Britanny *Winnie* Balthaser - I'd say call H&R just to be safe
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MSG Intermediate Care Technician
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SPC Britanny *Winnie* Balthaser - Better yet, there should be a tax office on the base yer husband is stationed at. Try contacting them
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LTC Stephen F.
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If you lived in Virginia throughout the year you simply need to fill out a Virginia tax form SPC Britanny *Winnie* Balthaser. If you lived 50% in another state then you would complete a tax form including the amount you earned in that period.
If you lived in this state for at least half the year you are by definition a resident of the state. If you earned no income it is a moot point.
Since you are asking this question, I assume you have earned income in the state of Virginia.

If you can claim another state as residency then you need to fill out the tax form for that state.
You must file an income tax return in Virginia if:
you are a resident of Virginia, part-year resident, or a nonresident, and
you are required to file a federal income tax return, and
you have Virginia adjusted gross income equal to or greater than the amounts below:
Filing Status Income Threshold
Single or married filing separately $11,950
Married filing jointly $23,900
https://www.tax.virginia.gov/who-must-file

Virginia Form 763 Nonresident Individual Income Tax Instructions
Thanks for alerting me COL Mikel J. Burroughs
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SGT Micah Greer, VET
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currently living in maryland, resident of texas, and never had a problem, my wife and i use turbo tax, she works as a civ in maryland no issues
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SPC Britanny *Winnie* Balthaser
SPC Britanny *Winnie* Balthaser
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got off the phone with Tax Act. Their system doesnt allow for you to file the state returns separately without having to make a whole other account for just that return. So I will be paper filing my state return in order to keep our federal and his state return from getting confusing.
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LTJG Richard Bruce
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Any of the tax filing software applications can handle multiple state returns. There are different versions, so ensure the one purchased includes state tax returns.
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