How does one file taxes as a non-resident of a state? Would that affect my husband's and my federal claim?

2018-01-30T18:27:06-05:00

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?!

Response by COL Mikel J. Burroughs made Jan 30 at 2018 6:37 PM

2018-01-30T18:37:38-05:00

Good Question SPC Britanny *Winnie* Balthaser maybe somebody here on RP can help you.

Response by MSG Private RallyPoint Member made Jan 30 at 2018 6:41 PM

2018-01-30T18:41:27-05:00

This is what I found. I would still recommend calling a tax expert, like H&R Block:
https://www.thebalance.com/do-i-need-to-file-a-nonresident-state-tax-return-3193323

https://ttlc.intuit.com/questions/1901271-how-do-i-file-a-nonresident-state-return

When You Must File a Nonresident State Tax Return

Do you have to file a nonresident state tax return? Here are the basics to help you decide. Your state may have reciprocity with the one where you work.

Response by Capt Private RallyPoint Member made Jan 30 at 2018 6:52 PM

2018-01-30T18:52:44-05:00

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.

Response by SGT Micah Greer, VET made Jan 30 at 2018 8:39 PM

2018-01-30T20:39:57-05:00

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

Response by SPC Britanny Winnie Balthaser made Jan 30 at 2018 8:55 PM

2018-01-30T20:55:11-05:00

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 Private RallyPoint Member MSG Private RallyPoint Member SGT Micah Greer, VET

Response by LTJG Richard Bruce made Jan 30 at 2018 11:01 PM

2018-01-30T23:01:34-05:00

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.

Response by LTC Stephen F. made Jan 31 at 2018 4:06 AM

2018-01-31T04:06:32-05:00

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

Who Must File | Virginia Tax

You are not required to file if you don't owe any taxes and will not receive a refund. However, we periodically review and update our records to make sure that we have the correct return information on file. As a result, even if you didn't need to file a return for a given year, we may send you a letter later asking you to verify your Virginia adjusted gross income.If your address or personal information has changed since you last filed a...

How does one file taxes as a non-resident of a state? Would that affect my husband's and my federal claim?

How does one file taxes as a non-resident of a state? Would that affect my husband's and my federal claim?

Response by COL Mikel J. Burroughs made Jan 30 at 2018 6:37 PM

Response by MSG Private RallyPoint Member made Jan 30 at 2018 6:41 PM

Response by Capt Private RallyPoint Member made Jan 30 at 2018 6:52 PM

Response by SGT Micah Greer, VET made Jan 30 at 2018 8:39 PM

Response by SPC Britanny *Winnie* Balthaser made Jan 30 at 2018 8:55 PM

Response by LTJG Richard Bruce made Jan 30 at 2018 11:01 PM

Response by LTC Stephen F. made Jan 31 at 2018 4:06 AM

Response by SPC Britanny Winnie Balthaser made Jan 30 at 2018 8:55 PM