- April 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Tax Situation Overview
Our tax situation feels complicated and I need to streamline it. Here’s our story & would really appreciate advice:
My husband (active duty) was stationed in WA where we met in 2017. He established residence there by getting a license and registered car plates and pays annually to renew tabs. His home of record (I think this is what it’s called) is Virginia so his paystub takes out Virginia tax.
We got married in 2019, I work remotely and we PCSd to CA for new orders from 2019-2022. We filed federally joint married and married/separate for state income tax. I updated my residence for work in CA and filed taxes there. I took advantage of CA short term disability program which allowed me to take paid leave for children (two kids= 30k in paid leave)
2023- we PCSed to Illinois and we bought a house here and I updated my 2023 w-2 to reflect illinois as my current address/got taxed.
We are planning on having one more child and we PCS again in 2025.
### Current Tax Considerations
In summary:
My husband still has WA license & WA plates, & is a registered voter. I still have a CA license. We own a home in Illinois and I bought a car in Illinois too. I work remote. His home of record is Virginia.
Tax considerations:
Washington: no income tax and paid family leave program when I have the next child (no experience with this benefit but the website says 12 weeks at 90% benefit)
CA- high income tax but proven a short-term disability leave program that is easy to file
IL: High income tax but Homestead tax credit of $7k
VA: no benefits lol
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Home of record where you pay taxes) and residency are not the same thing. Your husband would have had to change that while stationed there. Sounds like you are filing where you are stationed and working or with VA.
Home of record is not necessarily where you pay taxes. Your husband’s home of record is Virginia but his state of residency is Washington, and judging by everything he should have been paying taxes there since he switched residency.
You SHOULD be able to claim his residency for tax purposes, provided you’re a W-2 employee and aren’t receiving rental income or something else with a direct nexus to Illinois.
I would definitely consult a military tax professional though as owning property can complicate things since you’re domiciled in Illinois.