Help - Do I/we owe state taxes?

[PBabz 137]

Hello! 
 

Spouse of an active duty service member currently stationed overseas in the UK. 

 

When I received my conditional green card, we were residing in Virginia. We have filed taxes jointly without issue since being married and living together.

Today, the thought crossed our minds whether I am liable to be paying Virginia state tax since my husband still pays tax in his home state. 
 

For context, I am a UK citizen and do also pay taxes on income here. 
 

Any help or advice appreciated, thanks!! 

[Crazy Cat 41,821]

Is husband's home state Virginia?

Edited January 19 by Crazy Cat

[PBabz 137]

6 minutes ago, Crazy Cat said:

Is husband's home state Virginia?

Nope, his home state is Kansas. He pays his state taxes. 
 

We only lived together in Virginia for 3 months maximum together before getting overseas orders.
 

I got my 10 year green card this year. 

[OldUser 6,623]

Delete

Edited January 19 by OldUser

[PBabz 137]

1 minute ago, OldUser said:

Do you file federal taxes every year? As As a LPR you have to report world wide income.

Sure do! 
I report my UK income and savings each year as appropriate. 
My husband and I file jointly each year. 

Edited January 19 by PBabz

[Crazy Cat 41,821]

4 minutes ago, PBabz said:

Nope, his home state is Kansas. He pays his state taxes. 
 

We only lived together in Virginia for 3 months maximum together before getting overseas orders.
 

I got my 10 year green card this year. 

I don't you are liable for any state taxes.  However, federal taxes are a different story. All Green Card holders are required to report world-wide income to the US IRS.

Edited January 19 by Crazy Cat

[OldUser 6,623]

1 minute ago, PBabz said:

Sure do! 
I report my UK income and savings each year as appropriate. 

Sorry I missed that part and deleted my message after re-reading. I'd think you don't have to pay state taxes unless you live in the state? This may be a question for CPA.

Edited January 19 by OldUser

[PBabz 137]

3 minutes ago, OldUser said:

Sorry I missed that part and deleted my message after re-reading. I'd think you don't have to pay state taxes unless you live in the state? This may be a question for CPA.

That sounds reassuring, thanks! 
 

First step is letting the state know we’re not there anymore, my husband keeps getting notifications about his car even though we and it haven’t been in Virginia since 2022

[J.M. 230]

Interesting topic!  I think you have to be a resident of either Kansas or Virginia.  You get to choose since your spouse is active-duty military (assuming he was active duty and stationed in Virgina, that's what it sounds like).  I would consider filing jointly in Kansas.  If your income was W-2 reportable, you might look to see if Virginia withheld taxes.  If so, it might be easier to just file in Virginia to be done with it.  You can be exempt from Virginia taxes for these 2 reasons: You are not considered a resident if you lived there less than 183 days, and 2nd, because spouses accompanying active-duty military are exempt from state taxes in Virginia.  I would think both of those assume you are a resident of another state, however.

[Thunderbolt 172]

14 hours ago, PBabz said:

 

First step is letting the state know we’re not there anymore, my husband keeps getting notifications about his car even though we and it haven’t been in Virginia since 2022

 

Did your husband surrender VA car tags with the DMV when you guys left? If the car is still registered in Virginia, the state doesn't care that you guys live in UK now. They will keep sending you personal property tax letters and on top of that the penalty for not paying since 2022. I hope your husband canceled the plates before you left. 

[SteveInBostonI130 3,432]

This is not really an immigration related question and is more of a general tax question or military question.

 

I believe the tax liability is dependent on the state of residence.  For example, California only taxes if the active duty station is in California, Colorado taxes if overseas assignment is less than 305 days, etc.

 

The main question is how to determine state residency.  Typically it depends on the main address, driver's license, voter registration, etc.  And I believe spouses can claim the same state for residence that the military member claims.

 

Here are some links:

 

https://www.militaryonesource.mil/financial-legal/taxes/filing-state-income-taxes-in-the-military/

 

https://www.military.com/money/personal-finance/state-tax-information.html