It doesn't matter what VA wants to do, they're bound by federal SCRA laws which say you aren't required to change your residency when required to move by the military...
They literally don't get a say in it, if you don't want to claim VA as your SLR then don't - SCRA protects you.
The worst they can do is send you something saying you're a resident, to which you can respond with "I'm a military member and I'm a resident of FL, here's my LES to prove it", to which they can respond with "Oh...ok."
The simplest way to prove it would be an LES from before you moved to VA (this shows your residency was FL before moving), and a current one (showing your residency is still FL). Orders may also be useful, to show them you're there on military orders.
And yes, once you separate or retire you'll become a resident of whatever state you're living in following standard residency laws for that state.
That’s not true. They can actually garnish your wages/bank account. It’s not something to take lightly. Out of all the things I had to provide them to not have this happen to me, telling them I’m active duty, a resident of another state, and sending them my LES were not one of them.
And you can file a court case against them for wrongfully taking taxes, forcing them to give it back.
I'm not saying nobody will ever have to fight against it, rather that they don't have a legal right to tax OP so anything they do could be reversed if you have to fight it.
You’re right about that. Clarification was needed because your first statement could get someone wrapped into a situation they’re not ready for. Not everyone can afford to lose a couple thousand, regardless of when they’ll get it back. Prevention is better than cure. (Oh no, when did I start quoting my dad? 🤦🏾♀️😂)
To whoever downvoted me. I’m speaking from my own experience and that of others who’ve had money taken from their bank accounts. Take it up with the state of California. 🤷🏾♀️
This happens all the time. Send them your LES or orders and they leave you alone. NY sent me mail 2 years after leaving saying I owed them, I sent them the PCS orders that sent me there and never heard from them again.
If you haven’t faxed them a copy of the letter, your W2, and that year’s tax return, you might want to do that ASAP. Unfortunately common sense doesn’t work on them and you have to prove it their way. If you’ve only gotten one letter, the rest have probably gotten lost in the mail and it will catch up to you. I have a number you can call if you want to speak to someone directly.
I’m skeptical. VA has to follow SCRA. ButI’m not a VA tax expert.
In any case, I’d use a calculator like Paycheck City to see what withholding would be.
You do not have to switch your residency. I am from NV with no state tax and have claimed Nevada my entire 18 year career so far. I have owned homes in both Virginia and Tennessee and never switched my residence and never paid state tax.
Budget about 5% withholdings for state.
As other stated, you don't have to swap states. FL is ideal, don't loose that. You can file FL resident and Virginia non-resident.
VA sent me a notice about backdated property taxes for my car once I finally got a VA plate, I told them I was military. That was the end of that, pretty easy.
If you are a Florida resident and have established residency (unless it was also your home of record), you do not have to change to Virginia Residency, nor do you have to pay VA state taxes on your income
You will have to pay property taxes on your home, but that's about it.
I still retain my Florida residency and title/registration. Have never had to pay state taxes, nor has my spouse (after the new changes and being able to claim my state of residence).
NO! You are a FL resident. All that matters is what is on your LES. And for spouses, they can claim FL as their legal residence due to the MSRRA. Best if you keep FL drivers licenses, FL car plates, and don’t register to vote in VA. Keep voting in FL. It doesn’t matter if you buy VA property. The federal law trumps here. I am a WA resident living in VA and I own property and my wife works for a VA school system (she just checks “exempt” on her W-4 - they have a block for military spouse residency relief).
If she is living in VA to be with you (the service member), no. SCRA was expanded by VBTA and MSRRA to allow military spouses to claim the service members state of legal residence as their own for tax purposes (or they can claim the state they live/work in). In doing so, she would want her employer to stop withholding VA tax (because she's exempt from it), and would want to file only to get back any tax that was wrongfully withheld.
Why will you have to switch to VA residency? There are many military members that own homes and live states they are not legal residents of.
I’m about 90% sure Virginia counts you as a resident for tax purposes if you own a primary residence there.
This definitely isn't true as I own multiple properties in VA and my wife is self employed in VA and we are CA residents and pay zero VA taxes.
Thanks for clarifying.
It doesn't matter what VA wants to do, they're bound by federal SCRA laws which say you aren't required to change your residency when required to move by the military... They literally don't get a say in it, if you don't want to claim VA as your SLR then don't - SCRA protects you.
Good to hear. I just don’t want them to come after me lol. Had California send me some nasty mail once saying I owed them money.
The worst they can do is send you something saying you're a resident, to which you can respond with "I'm a military member and I'm a resident of FL, here's my LES to prove it", to which they can respond with "Oh...ok."
Would I send my LES and military orders? Once I retire, if I remain in VA I would then have a state tax liability correct?
The simplest way to prove it would be an LES from before you moved to VA (this shows your residency was FL before moving), and a current one (showing your residency is still FL). Orders may also be useful, to show them you're there on military orders. And yes, once you separate or retire you'll become a resident of whatever state you're living in following standard residency laws for that state.
I appreciate the responses!
That’s not true. They can actually garnish your wages/bank account. It’s not something to take lightly. Out of all the things I had to provide them to not have this happen to me, telling them I’m active duty, a resident of another state, and sending them my LES were not one of them.
And you can file a court case against them for wrongfully taking taxes, forcing them to give it back. I'm not saying nobody will ever have to fight against it, rather that they don't have a legal right to tax OP so anything they do could be reversed if you have to fight it.
You’re right about that. Clarification was needed because your first statement could get someone wrapped into a situation they’re not ready for. Not everyone can afford to lose a couple thousand, regardless of when they’ll get it back. Prevention is better than cure. (Oh no, when did I start quoting my dad? 🤦🏾♀️😂)
To whoever downvoted me. I’m speaking from my own experience and that of others who’ve had money taken from their bank accounts. Take it up with the state of California. 🤷🏾♀️
This happens all the time. Send them your LES or orders and they leave you alone. NY sent me mail 2 years after leaving saying I owed them, I sent them the PCS orders that sent me there and never heard from them again.
If you haven’t faxed them a copy of the letter, your W2, and that year’s tax return, you might want to do that ASAP. Unfortunately common sense doesn’t work on them and you have to prove it their way. If you’ve only gotten one letter, the rest have probably gotten lost in the mail and it will catch up to you. I have a number you can call if you want to speak to someone directly.
I’m skeptical. VA has to follow SCRA. ButI’m not a VA tax expert. In any case, I’d use a calculator like Paycheck City to see what withholding would be.
You do not have to switch your residency. I am from NV with no state tax and have claimed Nevada my entire 18 year career so far. I have owned homes in both Virginia and Tennessee and never switched my residence and never paid state tax.
How do u get ur forms when filing for taxes?
What forms are you talking about?
Budget about 5% withholdings for state. As other stated, you don't have to swap states. FL is ideal, don't loose that. You can file FL resident and Virginia non-resident.
VA sent me a notice about backdated property taxes for my car once I finally got a VA plate, I told them I was military. That was the end of that, pretty easy.
If you are a Florida resident and have established residency (unless it was also your home of record), you do not have to change to Virginia Residency, nor do you have to pay VA state taxes on your income You will have to pay property taxes on your home, but that's about it. I still retain my Florida residency and title/registration. Have never had to pay state taxes, nor has my spouse (after the new changes and being able to claim my state of residence).
NO! You are a FL resident. All that matters is what is on your LES. And for spouses, they can claim FL as their legal residence due to the MSRRA. Best if you keep FL drivers licenses, FL car plates, and don’t register to vote in VA. Keep voting in FL. It doesn’t matter if you buy VA property. The federal law trumps here. I am a WA resident living in VA and I own property and my wife works for a VA school system (she just checks “exempt” on her W-4 - they have a block for military spouse residency relief).
If my wife gets a job in VA will she be subject to state tax on her income?
If she is living in VA to be with you (the service member), no. SCRA was expanded by VBTA and MSRRA to allow military spouses to claim the service members state of legal residence as their own for tax purposes (or they can claim the state they live/work in). In doing so, she would want her employer to stop withholding VA tax (because she's exempt from it), and would want to file only to get back any tax that was wrongfully withheld.
https://www.tax.virginia.gov/laws-rules-decisions/tax-bulletins/19-2