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February 19, 2024
Question

Who to file under?

  • February 19, 2024
  • 1 reply
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We are a military family. My wife and I live and work in MD. I am military but my wife is not. My home of residence is NC. I noticed with her now working. I have no NC refund. Should I have had her under MD. I have gotten an NC state refund every year except this year. She is also part-time in college, does this play a part in the state return?

1 reply

February 19, 2024

Did your non-military spouse have North Carolina tax withheld on their income?  

 

If they paid Maryland tax instead, they can file a Non-Resident State Return to MD to request a refund, since you both file as North Carolina military residents.

 

North Carolina should give credit for tax paid to Maryland on spouse's income.  Be sure to prepare the Non-Resident MD return first.  Here's more info on How to File a Non-Resident State Return

 

It could be that the withholding on the extra income was not sufficient to make an excess for refund from NC, but your spouse being a part-time student should not affect that, and we can't see your tax return in this forum. Don't forget to claim any Education Credits you may qualify for. 

 

Here's more info on Military Spouses and State Taxes