Question

working remotely military spouse

Forum|Forum|6 years ago
August 2, 2019
1 reply
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I'm a military spouse (state of residency is SC), living in VA, but trying to work remotely for my previous employer in CA. How do we go about this? What do they need to do on their end for me to be able to do this? Do I file VA or SC taxes? Do they have to submit some sort of documents to the state that I will be filing in or register to that state? This company is solely based out of CA and I'm the first to be working remotely like this.

Critter

Employee

If you qualify under the MSRRA rules then you will only file a SC return since that is your resident state ... I doubt the CA employer will withhold for SC so you may need to pay estimated taxes to SC.

Military Spouses and State Taxes

Active duty service members have always been able to keep one state as their state of legal residency (usually their Home of Record) for tax purposes even when they move frequently on military orders. A state of legal residence (SLR) is also considered their “domicile” or “resident” state. For more information, see Filing State Income Taxes When You're in the Military.

Nonmilitary spouses can use their military spouse's resident state when filing their taxes. The Military Spouse Residency Relief Act (MSRRA) allows a nonmilitary spouse of a service member to keep the same resident state of the military spouse regardless of which state they live in. The Veterans Benefits and Transition Act allows that choice to be made regardless of when they were married.