Question

I am in the military and stationed in Georgia but my state of residence is Indiana. My fiancee also has an Indiana residency in a different county. Does it need to change

Forum|Forum|1 year ago
September 9, 2024
2 replies
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She is planning to keep Indiana as her residency, I just am not sure if the specific addresses need to match since my address (in Indiana) is in a different county than hers (in Indiana).

TurboTax Online

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TomD8

State residency for tax purposes is determined by state laws. It is not a matter of "pick and choose."

Has your fiancee been living in Georgia with you? If so, be aware that she may have to file a GA tax return if she earned money in Georgia or if she lived in Georgia long enough to be considered a Georgia resident. Here is GA's law on residency:

(10)

(A) "Resident" means:

(i) Every individual who is a legal resident of this state on income tax day;

(ii) Every individual who, though not necessarily a legal resident of this state, nevertheless resides within this state on a more or less regular or permanent basis and not on the temporary or transitory basis of a visitor or sojourner and who so resides within this state on income tax day; and

(iii) Every individual who on income tax day has been residing within this state for 183 days or part-days or longer, in the aggregate, of the immediately preceding 365 day period.

https://casetext.com/statute/code-of-georgia/title-48-revenue-and-taxation/chapter-7-income-taxes/article-1-general-provisions/section-48-7-1-definitions

If she is not considered a Georgia resident, she would still have to file a non-resident GA tax return if she earned money by working in Georgia.

If her main, primary home is in Indiana, but she also meets GA's definition of Resident, then she would be in a situation of dual residency and would have to file as a resident in both states.

Since you are not married and thus cannot file a joint return, she should use her own mailing address on her tax return. Note that the mailing address on a tax return should be the address you want the taxing authority to use if they have to send you a letter or a paper check.

If your military SLR (State of Legal Residence) is Indiana, then your military pay is exempt from Georgia taxation.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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xmasbaby0

And...a fiancee or girlfriend is not a spouse. The two of you cannot file any sort of joint tax return. Her tax situation is an issue separate from yours and is not affected by your military status or home of record. If she worked and lived in Indiana for any part of the tax year, she will need to file an IN return--even if it is a part-year return; likewise, if she lived and worked in GA she may need to file a part-year GA tax return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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nabatta1Author

I am getting married in November and from what I understand you can file jointly as long as you are married anytime before DEC31. Her residency is currently Indiana and will stay Indiana since we are getting married. The only issue is her address is in a different county in Indiana. Not sure if that will cause any issues. Thanks!

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TomD8

"I am getting married in November and from what I understand you can file jointly as long as you are married anytime before DEC31."

Yes, that's correct. The fact that you are in different counties won't matter on your federal return. And the Indiana tax return allows spouses filing a joint return to each enter their own county. So, no problem.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.