The Military Spouses Residency Relief Act clarified a military spouse's legal residence, for voting and tax purposes, and makes it easier for a military spouse to retain residency in his or her home state.
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Military Spouses Relief Act

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On February 25, 2009, Congress passed the Military Spouses Residency Relief Act which amends the Servicemembers Civil Relief Act to protect military spouses.

The Military Spouses Residency Relief Act clarified a military spouse's legal residence, for voting and tax purposes, and makes it easier for a military spouse to retain residency in his or her home state, while accompanying a military spouse serving in another location.

MILITARY SPOUSE VOTING RIGHTS

The Military Spouses Residency Relief Act prohibits, for purposes of voting, deeming a person to have lost a residence in a state solely because the person is absent from a state while accompanying a military spouse serving elsewhere on military or naval orders.

MILITARY SPOUSE RESIDENCY PROTECTION

The Military Spouses Residency Relief Act prohibits a servicemember's spouse from either losing or acquiring residency, for purposes of taxation, because of being absent or present in any U.S. tax jurisdiction simply because he or she is accompanying a spouse serving elsewhere on military orders, if the residence is the same for the servicemember and the spouse.

MILITARY SPOUSE INCOME TAX

Further, the Military Spouses Residency Relief Act prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident, but is in that jurisdiction solely to be with a servicemember serving under military orders.

Can this new benefit be applied retroactively? If a spouse established residency and has paid taxes in a new state, can the military spouse "reclaim" the previous state of residency without having to physically move back to the original state? No; the military spouse must claim the same state of residence as the military servicemember he or she is living with.



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