rbynaker
Level 13

This probably isn't detailed enough to help but in case you haven't read it:

https://www.tax.virginia.gov/sites/default/files/inline-files/tb-19-2-military-spouse-veterans-benef...

The law was quite vague.  I think this is what we're talking about, Sec 302:

https://www.congress.gov/115/plaws/publ407/PLAW-115publ407.pdf

It's so short that I'll copy/paste:

SEC. 302. RESIDENCE OF SPOUSES OF SERVICEMEMBERS FOR TAX
PURPOSES.
(a) RESIDENCE FOR TAX PURPOSES.—Section 511(a)(2) of the
Servicemembers Civil Relief Act (50 U.S.C. 4001(a)(2)) is amended—
(1) by striking ‘‘A spouse’’ and inserting the following:
‘‘(A) IN GENERAL.—A spouse’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) ELECTION.—For any taxable year of the marriage,
the spouse of a servicemember may elect to use the same
residence for purposes of taxation as the servicemember
regardless of the date on which the marriage of the spouse
and the servicemember occurred.’’.

To me that reads that she can just "elect" to live in FL and not be subject to VA tax on wages.

Rick

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