My wife and I are dual military, co-located overseas, and have different state residencies: Nevada, and Delaware

Forum|Forum|3 years ago
May 2, 2022
1 reply
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Good Day,

We are trying to file joint, on the same account. I do not need to file for Nevada, but She needs to file for Delaware, but when I start state taxes Delaware tries to tax our joint income. Should we file separately for state and joint federal, or separately all together? Is there a way to file for Delaware on just her income on a joint file?

Thank you.

TomD8

Employee

For Delaware: If your spouse files a married filing separate return and you had no Delaware source income, then you do NOT need to file a Delaware return.

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

Critter-3

She may want to look into changing her SLR to Nevada like yours so that she doesn't have to pay Delaware taxes at all.

SteamTrain

Employee

@Critter-3

@Critter-3 wrote:
She may want to look into changing her SLR to Nevada like yours so that she doesn't have to pay Delaware taxes at all.

___________________________

I'm not sure the Delaware spouse can do that for a dual military couple. Recent changes to the MSRRA allowed a civilian spouse to change to the Military spouse's SLR at any time, but I'm pretty sure that's not allowed when both spouses are in the military. A Military person, married or not, can only change their SLR to a state they are currently posted in under a PCS. So the military SLR Delaware spouse, in this case, would need to be PCS posted to Nevada in order to change it. (I admit, I could be wrong, but I've hunted around for awhile now and haven't found anything specifically dealing with this yet....maybe need to hunt for awhile longer)

Certainly, a check with the post JAG office first would clear that up for this couple.

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*