Decoding Hawaii Tax Laws for Military Spouses: How AI Legalese Decoder Can Simplify Your Filing Process
- May 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Filing Taxes in Hawaii as a Military Spouse
Hi! I am starting my new job as a physician assistant in Hawaii post-grad. Moving to Hawaii for this job has been quite the adventure, especially since my husband and I are newly married and he is stationed here. Taxes have always been a confusing topic for me, and now with the added complexity of moving states, I’m feeling a bit lost.
### Applying for the Nonresident Military Spouse Exemption
I recently found out about Hawaii’s nonresident military spouse exemption, and I believe I may qualify for it. My spouse claims residency in NC, while I am technically still a resident of GA. However, for the tax year 2018, I think I can still take advantage of the nonresident exemption.
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Any advice or guidance on how to proceed with filing my taxes in Hawaii would be greatly appreciated!
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Congrats on the marriage and new job, and hope the move went well!
You can and should work with your employer to exempt yourself from withholding Hawaii state income taxes out of your HI job’s paychecks. You should not pay HI income tax and should choose to either maintain your GA residency or claim your husband’s NC residency for 2024 tax purposes. If your employer automatically started HI withholding and some comes out of your paychecks before you can get them to exempt/stop HI withholding, you’ll need to file a non-resident HI state tax return early next year for a refund of any HI taxes inadvertently withheld.
Compare the tax rates for NC (4.75% flat) and GA (1 to 5.75% progressive) for you and your husband. Quick Google research tells me neither state exempts pay earned while living out-of-state for military/spouses, though NC does exempt some allowances & provides some deductions that GA doesn’t. I’d recommend using state income tax calculators or doing “mock” income tax returns using your projected 2024 income to see what your expected 2024 household state tax burden would be if you (1) both file as GA residents, (2) both file as NC residents, or (3) file separately as GA/NC residents. I expect (3) would be the most difficult and not the lowest tax answer, so figure out whether you both want to file as GA or NC residents going forward.
Once you decide whether you’ll file as a GA or NC resident, see if your HI employer will withhold income tax to that state for you. If they won’t, you’ll either need to have your spouse increase their state withholding to cover both of yours, set up estimated payments to cover the approximate tax bill, or be OK with owing state tax (and possible underwithholding penalties) when you file your tax return next year.
The relevant tax law you should brush up on is the SCRA as amended most recently by VAEIA – protects your choice to maintain GA residency as you move, and gives you and your spouse the ability to elect either your/their residency or your current duty station state for tax purposes. Also makes certain professional licenses more portable, allows service contract/lease termination, and other types of protections in the event of military permanent-change-of-station moves.
Here’s your cliff notes check list for HI spouse to not have HI taxes withheld. Speak to your HR or payroll provider. They should be used to this but you’ll need the following
-HW-4 form
-HW-6 form
-Copy of the service member’s military orders -Copy of Leave and Earnings Statement (LES)
-Valid military spouse ID card
Enjoy the Aina🤙