Military Spouses Residency Relief Act 2009

Military Spouses Residency Relief Act- Probably one of the most wide reaching peices of legislation signed into law in the last few years. It is somewhat confusing if you read the actualy law but it basically means this:

If you accompany your spouse on their orders to a new state you do not loose your previous states residency as long as that is your Military spouses home state/ domicile as well...confused????

Ok let me put it to you like this.

I live in DC.
Husband's home of record is NJ.
He paid NJ state taxes, had NJ Drivers License, voted in NJ, he is a NJ resisdent etc etc etc
I had to pay DC state taxes, have DC Drivers License and would have had to vote in DC, I was a DC resident legally.

I know many people say:

"Well I never changed my DL when we moved, I have my original DL and never had a problem and I paid joint taxes with my husband in our home state" .

That is great that you never had any problems, technically though it is illegal.

Here in DC for example if you live in DC for longer than 30 days your are required by law to get a DC DL and your previous states DL is invalid. Income tax is the same deal along with voting rights. Most states have these rules and laws on the books.

Income tax is a big one and I have heard a number of stories about how military families got audited and ended up in problems because they paid taxes in their husbands HOR rather than the state they live.

Now you can just claim your husbands HOR as your residency. There is some criteria that you have to meet(paperwork wise) but basically most people can do this as well as maintian your drivers license and voting rights in your "home state". Check your home states tax dept website for more information

Click HERE for the facebook group dedicated to this or go visit base legal for more information.