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March 23, 2022
Question

Military spouse and State of Residence filing

  • March 23, 2022
  • 3 replies
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My daughter is military spouse with home residence of Ohio and based in Idaho, her employer withheld Idaho tax, does she keep Ohio as state of residence and have to file in both Ohio and Idaho?

    3 replies

    JohnB5677
    March 23, 2022

    That is correct.  Military spouses and service members are required to file and pay state income taxes on other non-military income in the state where it is earned.

     

    She must file both Ohio and Idaho tax returns.  She will get a credit in Idaho for the taxes paid in Ohio up to the amount of tax owed in Idaho.

     

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    Employee
    March 23, 2022

    Daughter owes ID nothing. Files ID for refund of withholding.    https://ttlc.intuit.com/community/military/help/military-spouses-and-state-taxes/00/26149

    JohnB5677
    March 23, 2022

    @chareo Please clarify an issue. 

    • Is OHIO your daughter's home of record with her spouse? 
    • Where is her spouse's home of record? 
    • Is her spouse based in Idaho for military service, and is she working a job in Idaho? 
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    Carl11_2
    Employee
    March 24, 2022

    Your daughter, whom I understand to be a military spouse, needs to familarize herself with the Military Spouse Residency Relief Act. A good place for her to start is https://www.militaryonesource.mil/financial-legal/legal/family-legal-issues/military-spouses-residency-relief-act/