March 02, 2010 
Courtesy of Turbo Tax
The 2009 Military Spouses Residency Relief Act, signed into law on November 11, 2009, is intended to lessen the state income tax filing burden on military families.
Currently military service members can keep their home state of record/state of legal residence for tax, voting, car registration and other purposes, regardless where they are stationed.
For decades, however, non-military spouses who accompany service members on military assignment have been required to file their state taxes in the states where the service members were stationed. That forced many non-military spouses to file tax returns in a state different from their service-member spouse.
The new law says the non-military spouse can now retain the same home state of record/state of residence as the military spouse, as long as the non-military spouse’s sole reason for leaving that state was due to a permanent change of station (PCS) for the military spouse. For more details see President Signs Bill, Aids Military Spouses, or contact your local military legal office.
If non-military spouses make this change, the states where they currently reside cannot tax their earned income. The law applies starting in tax year 2009. Affected spouses cannot amend state tax returns filed in prior years to change their states of residence.
However, under the new law, spouses of service members who change their residency to the same state of residency as their service-member spouses can recover withholding taxes paid in 2009 to their states of military assignment. For guidance about recovering your withholding from a state that is no longer your state of residency/legal residence, see that state’s individual website found at State Tax Websites.
An example of how this law could affect military couples
Consider the example of Matthew who grew up in South Carolina. He married Michelle in South Carolina and joined the military while there. Matthew kept South Carolina as his home of record.
In 2007 Matthew received a permanent change of station to Maryland and Michelle accompanied him. They both worked and lived in Maryland.
When preparing their 2008 state income taxes, Matthew filed a South Carolina resident return and Michelle filed with Maryland a Maryland resident return.
In 2009 Michelle continued working in the state of Maryland, which withheld state income taxes from her paycheck.
With the new law, she has chosen to change her state of residency for taxes and other purposes like voting and car registration, to the same state of record as Matthew which is South Carolina.
So when preparing her 2009 taxes, she will file a Maryland state tax return to recover her withholding. She’ll also file a South Carolina joint resident return with Matthew that includes her earnings and other taxable income such as interest and dividends.
The law, however, has not changed in regard to “non-military” income that a service member earns in addition to service wages. The state in which a military service member resides can still tax the service member’s non-military income earned in that state.
If Matthew has been working weekends at the local Home Depot, Maryland can still tax his non-military earnings. He’ll file a Maryland nonresident return and pay tax. On their South Carolina return, Matthew and Michelle will get an “out-of-state” tax credit for the amount of tax he paid to Maryland.
More information will be coming
Many states are working to determine how the new law affects the tax situations of military spouses and will be posting guidance on their individual state government websites.
Is it always best to choose the service member's state of legal residency?
Not necessarily.
Tax laws vary from state to state, so each couple will have to weigh the tax and filing benefits before choosing.
Other factors could also influence which state to pick, such as:
* Voter registration
* Auto registration
* In-state college savings plans and in-state college tuition savings
* Car, home or other insurance
* Wills and estate plans
* Powers of attorney
Updated for tax year 2009.
 Take advantage of Military.com's partnership with TurboTax. File your Federal taxes for free, plus receive a discount on other federal products when you use TurboTax!
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