BREMERTON — Military members have long been allowed to vote in — and be taxed by — their home states. Now their spouses have that same option.
The Military Spouses Residency Relief Act, signed into law Nov. 11 by President Barack Obama, allows a spouse to remain a legal resident of his or her home state if it’s the same home state as the service member.
If they were both Georgia natives, for example, and got transferred to Naval Base Kitsap in Washington state, the spouse could continue to vote in Georgia and pay taxes to Georgia, like the military member, or vice versa.
The couple could choose instead to establish residency in Washington. However they opt, they can maintain that state’s residency until they’re out of the military.
“When the military orders service members to move, spouses who move with them often have to pay taxes in a new state or locality and lose the right to vote in the place considered to be home,” Obama said upon signing the law. “This legislation will alleviate these and other burdens on our military families.”
Lt. Nicholas Walker, a quality control officer aboard the aircraft carrier USS John C. Stennis, is from Virginia. He met his wife, Erin, when he was stationed in California. They moved to Washington a year ago.
“We had to file taxes in Virginia and California, in two different states, and it’s a huge headache,” Erin said. “Every time I move I have to become a resident of the new state I move to.”
While getting a new driver’s license, Erin was tipped to a Facebook page dedicated to getting the law passed. Military spouses from across the country met there to share information and plot action. Erin wound up contacting U.S. senators and representatives from Washington and California, asking them to co-sponsor the bill.
The Walkers bought a house here, registered to vote, got new driver’s licenses and now are Washington residents. “So if we move back to California or Virginia or Hawaii, I can maintain my residency in Washington,” Erin said. “Now we don’t have to file taxes in three different states.”
The law’s tax implications can be staggering, especially this year. Most states’ tax forms had already been printed when the bill passed and don’t take it into account, said Lt. Andrew Murray of the Naval Legal Service Office
“My recommendation would be for everybody who thinks this is going to apply to them to see their Legal Service office or talk to their tax preparer because the law is pretty complicated and the forms are not necessarily going to match what the law says,” Murray said. “It’ll be outside the ability of most military members to prepare.”
The new law is more limited than many people originally thought, Murray said. It doesn’t address driver’s licenses or vehicle registration. That continues to be done on a state-by-state basis.
In Washington, both the military member and the spouse can keep the driver’s license from their home state or replace them with Washington licenses, said state Department of Licensing spokeswoman Christine Anthony. A Washington license never has to be renewed as long as the military member stays on active duty.
The military member can keep his or her car registered in his home state, but the spouse must switch his or hers to Washington plates, Anthony said.
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