- December 4, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Seeking Guidance on MSRRA and State Tax Withholding
Introduction
Hello everyone! I have a question regarding the Military Spouses Residency Relief Act (MSRRA) and its implications for my state tax withholding. My husband, who is in the armed forces (AD), and I are currently stationed in Kansas for a year. However, his Home of Record (HoR) and domicile is in Ohio. I have been living in Tennessee for the past 8 years and consider it my domicile, as evidenced by my car registration, driver’s license, and voter registration, all being in Tennessee. Before our move to Kansas, we lived in Tennessee, where my husband still owns property and has a mortgage.
Work and Tax Withholding
I currently work remotely for a company based in Tennessee, which means I am not subject to state taxes. However, when we relocated to Kansas, my employer automatically updated my tax withholding to deduct Kansas state taxes. After learning about MSRRA, I realized that I may be eligible to update my elections and be exempt from Kansas state taxes, as I have not established Kansas as my domicile.
Seeking Clarity on MSRRA
I have discussed this with my HR department, but they seem unfamiliar with MSRRA and have advised me to continue paying Kansas state taxes since we are residing in Kansas for this year. I am seeking guidance on whether it is safe for me to consider Tennessee as my domicile and claim the exemption from Kansas state taxes. Additionally, I would need to be refunded the taxes I have already paid to Kansas when we file our taxes this year.
Different Domiciles
Furthermore, I am hesitant to claim Ohio as my domicile, even though my husband does. In my research, I have not come across scenarios where a spouse has a different domicile than the service member, so I want to ensure that I am making the correct decision before changing my tax forms. Any advice on this matter would be greatly appreciated!
AI Legalese Decoder Assistance
The AI Legalese Decoder can provide assistance in this situation by analyzing the MSRRA guidelines and helping to clarify whether the specific circumstances mentioned align with the eligibility for claiming the exemption from Kansas state taxes. Additionally, it can assist in determining the appropriate domicile for tax purposes and provide insights into the implications of differing domiciles between a service member and their spouse. With its expertise in legal language and regulations, the AI Legalese Decoder can offer valuable guidance in navigating the complexities of MSRRA and state tax withholding.
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This happened when my wife and I moved to VA. Her employer started deducting VA taxes, even though she’s a CA resident. We directed them to not withhold any state taxes, and had to file a VA tax return to get 100% of her tax dollars back. In following years, she paid no state taxes.
You are completely correct that you do not need to pay KS taxes, but will need to file to get them returned.
IÔÇÖd suggest speaking to a tax professional familiar with the military. Military One Source offers consultations but they may not have anyone on staff until closer to tax season. Your local legal assistance office may have someone as well.
The most recent version of MSRRA/SCRA permits couples with an active duty member to file taxes in the ServicememberÔÇÖs state, spouseÔÇÖs state, or duty location. ThatÔÇÖs a very new change and I havenÔÇÖt seen much written about it yet. ItÔÇÖs not super clear to me if the servicemember and spouse need to choose the same residence. Under previous versions of the law, spouses either had to file in the same state as the ServicememberÔÇÖs residence or where they were actually living.
You can find the text of the law at https://www.law.cornell.edu/uscode/text/50/4001
If your employer has been withholding for KS, youÔÇÖll need to file a KS non-resident return to get that back. If you canÔÇÖt get them to withhold for the correct state, youÔÇÖll want to update your withholding so nothing is taken out and then make your own quarterly payments if needed.
All you need to do is update your W4 with your employer. ItÔÇÖs pretty straight forward. Just tell them youÔÇÖre exempt for state withholdings. If they ask why tell them MSRRA and if they donÔÇÖt understand speak to the payroll provider company such as adp. Payroll deal with this everyday. HR does not.