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January 25, 2020
Question

AD Military filing jointly here, currently stationed O-CONUS. My spouse is not AD and we have different HOR's , how should we file our State taxes ?

  • January 25, 2020
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Employee
January 25, 2020

Thanks to an update to the law, military spouses can now choose to file state tax returns in their active duty servicemember's home state, whether they have ever lived there or not.  So you and your spouse can file a joint return in the state that is your home of record.

Alternatively, your spouse can choose to file in the state in which he or she has established their own domicile.  The choice is theirs.

https://www.military.com/money/military-spouses-residency-relief-act-mssra

**Answers are correct to the best of my ability but do not constitute tax or legal advice.