Military Spouses Residency Relief Act

[SWACQ]

words

You seem to be missing the point of the situation Belle is in.

Belle, if you are currently paying property tax to both TX and VA, the easiest thing to do right now is just register the car in VA and drop TX OR get the car retitled in your husbands name only. If he still has a TX drivers license and voter registration, he'll still be ok for TX residency.

 

[yossarian]

I'm a newly winged pilot out of Kingsville, TX. My wife and I are moving from Kingsville to Oceana for the RAG in the next couple of weeks. We both are residents of FL (so no state income tax in the last couple of years). She's a nurse and looking to switch her license to VA. However, according to my wife, the nursing board requires that to practice in VA, you have to be a state resident of Virginia. Does anyone know if this residency relief act covers situations like this where she doesn't have to switch state residency? If it turns out she does need to switch to Virginia, what's the minimum required to establish residency in Virginia? Her drivers license, car registration, and license plates are all solely in her name and all in Florida. Thanks in advance for any advice.

 

[HH-60H]

I'm a newly winged pilot out of Kingsville, TX. My wife and I are moving from Kingsville to Oceana for the RAG in the next couple of weeks. We both are residents of FL (so no state income tax in the last couple of years). She's a nurse and looking to switch her license to VA. However, according to my wife, the nursing board requires that to practice in VA, you have to be a state resident of Virginia. Does anyone know if this residency relief act covers situations like this where she doesn't have to switch state residency? If it turns out she does need to switch to Virginia, what's the minimum required to establish residency in Virginia? Her drivers license, car registration, and license plates are all solely in her name and all in Florida. Thanks in advance for any advice.

I'm certainly not a lawyer, but here's the place to start for determining VA residency: http://www.tax.virginia.gov/site.cfm?alias=ResidencyStatus#VIRGINIARESIDENTS.

Doing a little more research, I would guess that she might be stuck switching to VA. Since FL is not a member of the Nurse Licensure Compact it doesn't look like VA will recognize her license. According to the application forms, there might have been some legal wiggle room had FL been party to the NCL. Did she practice in TX?

All that being said, it is probably in your best interest to consult a VA lawyer.

 

[OnTopTime]

However, according to my wife, the nursing board requires that to practice in VA, you have to be a state resident of Virginia.

This caught my attention as it seems very hard to believe, so I did a quick google search. The "Regulations Governing the Practice of Nursing," published by the Virginia Board of Nursing, say that in order to be issued a license with a "multistate licensure privlege," the applicant must be a Virginia resident. However, this does not mean that you can't be a practicing nurse in Virginia without being a resident of Virginia, and I couldn't find such a limitation anywhere in the regulations. So if your wife is OK with Virginia granting her a nursing license that doesn't have multistate prigileges, she should be good to go.

 

[yossarian]

However, this does not mean that you can't be a practicing nurse in Virginia without being a resident of Virginia, and I couldn't find such a limitation anywhere in the regulations.

Maybe I'm dumb, but the double negative here confuses the hell outta me. I'm unsure of what you mean.

I simplified my first post a little bit for an initial intro. She's a nurse practitioner but also is a RN. She initially had her RN and NP licenses in NC but has yet to work as a nurse practitioner. (Graduation from Masters->Married me->Move to FL->Quickly move to TX->Have kid->Now ready to go to back to work again in VA) So, no, she never practiced in TX but her initial license is in NC which IS one of the Compact states. She's just no longer a NC state resident. In the big scheme of things, it's not a huge deal. Worst case is she switches her state residency to Virginia. I'm just trying to find out if she could avoid that pain in the ass. Either way, she'd have to pay Virginia state taxes on a tax return, right?

Thanks for the responses.

 

[OnTopTime]

Maybe I'm dumb, but the double negative here confuses the hell outta me. I'm unsure of what you mean.

I simplified my first post a little bit for an initial intro. She's a nurse practitioner but also is a RN. She initially had her RN and NP licenses in NC but has yet to work as a nurse practitioner. (Graduation from Masters->Married me->Move to FL->Quickly move to TX->Have kid->Now ready to go to back to work again in VA) So, no, she never practiced in TX but her initial license is in NC which IS one of the Compact states. She's just no longer a NC state resident. In the big scheme of things, it's not a huge deal. Worst case is she switches her state residency to Virginia. I'm just trying to find out if she could avoid that pain in the ass. Either way, she'd have to pay Virginia state taxes on a tax return, right?

Thanks for the responses.

My reading of the VA regs is that she only needs to be a VA resident if she wants VA to issue her a VA license with multistate privileges. Since she already has a NC license, and NC and VA are both Compact states, she should be good to go. Best advice: she should call the VA licensing authority, tell them what she has and ask what (if anything) she needs.

My initial reaction was to the part of your first post where you wrote that "the nursing board requires that to practice in VA, you have to be a state resident of Virginia." That just can't be right.

 

[SynixMan]

Looking for some insight into where my future spouse should claim residency. I'm a FL resident for tax benefit reasons. She's currently a WI resident (~8% income tax). We're planning on doing the legal part of the marriage soon in FL, and then she'll move in with me when I get to the RAG. We can make a case for her to be a WI, FL, or wherever else I go (HI, CA, VA, FL, or Japan/Guam as I'm a Helo bubba) resident.

If she became a FL resident and kept that, would she pay income taxes in other states if she worked there? And also, since I don't know, would I? I've only lived in TX and FL since joining the military, where there's no income tax.

 

[phrogpilot73]

I would recommend that she becomes a FL resident. She will not pay state income taxes, and neither will you.

 

[SynixMan]

Just to be clear, if we go to, say, CA, she'd be exempt from state income tax because she's a FL resident and military spouse?

 

[phrogpilot73]

That is correct. When I filled out my state W-4, it has been updated to support the Military Spouse's Residency Relief Act, and specifically asked if my spouse was military and was I going to claim a different state.

 

[ChunksJR]

Just to be clear, if we go to, say, CA, she'd be exempt from state income tax because she's a FL resident and military spouse?

In VA, my wife pays/paid VA tax to her local VA job. Then we filed a "Non-resident" tax return for a full refund. This was before the law was signed by our commander-in-chief so we never filled out another W-4 (so I don't know if they are updated like Phrog says, but he's pretty knowledgeable despite flying the chariot). Either way, both my wife and your future wife (don't do it) are entitled to no state income tax IF she moves with you due to PCS orders and she's not making any money from property/a living in FL.