- May 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Seeking Residency Clarification for Filing Jointly
Hey there everyone,
I recently got married in 2023, which means it’s my first time filing taxes jointly with my spouse.
I am currently a Florida resident but stationed in Oklahoma. My wife, on the other hand, is an Oklahoma resident as we met and got married in this state.
I have been wondering if there is any possibility for my spouse to become a resident of Florida, or if she will have to continue being a resident of Oklahoma.
I have been trying to understand the Military Spouses Residency Relief Act (MSSRA) but I find it confusing.
Could it be that we are in a tough spot until we receive orders for relocation to Florida?
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****** just grabbed a
https://www.hrblock.com/tax-center/lifestyle/military/military-spouse-residency/
MSRRA and VBTA updated SCRA to allow your spouse to claim your SLR as their own, even if she’s never been to that state.
> §4001. Residence for tax purposes
> (2) Spouses
> A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders.
> (3) Election
> For any taxable year of the marriage, a servicemember and the spouse of such servicemember may elect to use for purposes of taxation, **regardless of the date on which the marriage of the servicemember and the spouse occurred**, any of the following:
> * (A) The residence or domicile of the servicemember.
> * (B) The residence or domicile of the spouse.
> * (C) The permanent duty station of the servicemember.
([source](https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter50&edition=prelim))
Different states interpret SCRA differently on this. If you look at OK’s instructions for filing a tax return, it looks like OK would be okay with her using FL.
She can assume your state of residency. No problem. It’s not retroactive for the past tax year though and she’ll need her current employer to update her tax deductions going forward.
Also, paying taxes isn’t getting “screwed”.
She can claim Florida because you are a Florida resident:
https://www.katehorrell.com/scra-and-military-spouses/
You would have to look into the state law’s specifically. Had to do look into this for Hawaii and they only allow a spouse to switch to if they actually lived in the other state and claimed domicile.
As long as your a FL resident she can claim FL resident. However, if she is located in another state and getting income there, you will still need to file taxes in that state since her witholding will be to the state in question as an out of state (basically you will get a tax refund); since FL does not have income tax at least you will not owe taxes in FL for her out of state income.