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I read the topic details that the nonmilitary spouse claims residency of TX, but the military person is a resident of NC, where they are located and where the spouse worked.
I provided a link to the topic on this community that tells us:
"The Military Spouses Residence Relief Act requires the spouse of an active duty Military member to become a resident of the same state as the Military member and it does not matter when they were married during the year."
Which make them both NC residents.
I provided the link to the TT article which explains:
"Active duty military file their tax returns in their state of legal residence (SLR)—usually their home of record state. Each state decides whether a service member must file a return when they are stationed outside their resident state.
A nonmilitary spouse of a service member who qualifies under Military Spouse Residency Relief Act (MSRRA) can choose to keep that same legal residence as the military spouse. If a spouse does not qualify and/or does not choose MSRRA, they are considered a resident of the current state they are living in depending on the resident rules of that state."
Which might apply to this spouse, because as I noted, every State can handle military exemptions differently. However, I also provided the link to NCDOR, which includes:
"The Servicemembers Civil Relief Act provides that a spouse shall neither lose nor acquire domicile or residence in a state when the spouse is present in the state solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile is the same for both the servicemember and the spouse."
I don't see anything that tells you, one day he also will claim to be from TX, so let's take advantage of this now. It seems she is now "from NC."
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