My husband's state of residence is in MI and he's currently stationed in VA. I consider myself a VA resident & am being asked to file separately which has never happened?

Forum|Forum|1 year ago
January 29, 2025
2 replies
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I've always been able to file different residencies under the same state for state returns and I'm not sure if something has changed this year. Would I have to file my federal return separately as well?

KrisD15

Virginia requires that when the spouse is not a Virginia resident for tax purposes, the spouse that does need to file. The Taxpayer that DOES need to file a Virginia return must file THEIR VIRGINIA STATE TAX RETURN ONLY as Married Filing Separately.

Since your husband's state of residence is Michigan, he is considered a resident of Michigan for tax purposes, and not of Virginia. He would ONLY file a Michigan state tax return if needed.

You, as the spouse of the Military servicemember have that option as well.

No, this refers to the state filing only, it does not affect the way you file your federal return.

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lcombs1Author

Thank you. As i wasn't able to get far under the VA state return, I didn't have the chance to enter home information (not even sure if they'll ask).

My husband purchased a home in VA where we currently live, so with me doing the VA state return, am I able to enter that information despite me not being on the mortgage? I am on the deed. Not sure if this even matters.

AmyC

Employee

Virginia begins with the federal AGI, which is after itemizing deductions, if you do. You do qualify to claim the mortgage interest if your name isn't on the 1098 but you're liable for the loan, you can deduct the portion of the interest you paid.

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