Military Spouse Residence Relief Act

[MJA89]

What is the name of your state (only U.S. law)? VA

I am a Florida resident stationed in Virginia. I was married this past year to a Virginia resident. She has rental property in Virginia, a registered car in Virginia, and is registered to vote in Virgina. She is a federal employee and pays state tax to Virginia. Now that she married me, a Florida resident, can she change her residency to Florida pursuant to the Military Spouse Residential Relief Act?

 

[LdiJ]

What is the name of your state (only U.S. law)? VA

I am a Florida resident stationed in Virginia. I was married this past year to a Virginia resident. She has rental property in Virginia, a registered car in Virginia, and is registered to vote in Virgina. She is a federal employee and pays state tax to Virginia. Now that she married me, a Florida resident, can she change her residency to Florida pursuant to the Military Spouse Residential Relief Act?

If she is residing in FL then of course she can change her residence to FL, and she doesn't even have to invoke the relief act.

However, she will have to file a part year VA return for the period of time that she lived in VA for 2010, and as long as she has rental property in VA she will continue to have to file a non-resident return for the rental income.

She would also need to change her withholding to FL, her car registration to FL, her voter's registration to FL, and her driver's license to FL.

If she is going to continue to reside in VA, even though you are stationed in FL, then I don't think that the relief act applies to her.

 

[MJA89]

We are both residing in Virginia right now.