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Military Tax Benefit: The Military Spouse Relief Act Thumbnail

Military Tax Benefit: The Military Spouse Relief Act

Taxes Videos

Welcome to Curt's Chalk Talk. I'm Curt Sheldon with C.L. Sheldon and Company, and today I want to talk to you about one of your military tax benefits.

Now, as you're probably well aware, you're not required to change your residency, each time you moved due to a PCS. And that's due to the Servicemembers Civil Relief Act. Now, when I came on active duty and later got married, my wife had to change her residency each and every time we moved, because there was no relief for spouses.

Later on in my career, the law was changed and the Military Spouse Relief Act was added, and that allowed spouses to establish residency the same as the military member, if they resided in that state, after the law passed. Well, for my wife, that didn't work because we never moved back to Texas, and so she needed to continue changing her state of residence up until the time I retired.

In 2018, Congress changed the Military Spouse Relief Act to amend the Servicemembers Civil Relief Act, and now a spouse of a military member, can maintain the same residency as the military member. Now, there's a couple of things you need to do. You actually need to live in the same house, and you need to be living in that house because of military orders, and it'd be a good idea to get a driver's license and registered to vote in the state that you, your new state of residency. Because if it is ever challenged, then you can show that state that no, you really intend to be a resident of the state you are claiming.

Now, if you're getting ready to transition from the military, whether that be through retirement or just separating, we've got a checklist that might be able to help you out. And you can get it for free. Just go to www.clsheldon.com/tax. That's www.clsheldon.com/tax.

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