Military "home"

Feb 21, 2012 8 Replies

Military stationed in VA. Home in VA W-2 from state enlisted in CT Wife went to parents home while he was stationed out of country and worked in CT



W-2's only from CT and w/h only CT Home tax and int from VA



File VA and CT?



Thanks


Unless Tp or Sp have other income in VA I would want to be convinced that either of them have any VA taxable income.

From the facts presented, it is impossible to determine the resident state for either spouse with certainty. I have no way of knowing why they may have been living in VA. I have no way of knowing which state the spouse is a resident of as she may have been living in VA because he was stationed there. She would still be a resident of the state in which she has her domicile. I don't know if he ever changed his domicile from CT. Even if he never changed his domicile from CT, CT may still treat him as a nonresident if he can pass certain tests.

All I can tell is that she had CT source income and has to file a CT return. I don't know if that is as a resident or nonresident. A VA return would only be required if someone was a resident of VA.

No, it's not. The military spouse remains a resident of CT for tax purposes.

Only the non-military spouse's residency is in question.

Military stationed in VA. Home in VA W-2 from state enlisted in CT Wife went to parents home while he was stationed out of country and worked in CT

W-2's only from CT and w/h only CT Home tax and int from VA

File VA and CT?

Thanks

I have no idea how you concluded that the member of the military remained a resident of CT just because he enlisted from there. As I stated in my reply, he could have changed his domicile to VA when he got married and lived with his wife in VA. As I also stated, CT law can very easily treat him as a nonresident even if he never changed his domicile.

Because he enlisted from there is precisely why he reamined a CT resident.

Gosh I'm glad I only have a foreign spouse and not a a military one!

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