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Virginia Income Tax Exemption for Nonresident Military Spouses

Virginia Department of Taxation
Full exemption from Virginia income tax on the spouse’s earned income

If you are a nonresident military spouse living in Virginia only to be with your nonresident service member spouse who is permanently stationed here, the income you earn is exempt from Virginia income tax.

Check eligibility

How to apply

There is nothing to apply for in advance. Leave the exempt income off your Virginia return, and ask your employer to stop withholding Virginia tax. If Virginia tax was withheld, file a return to claim the refund.

What you'll need

Your marriage certificate, your spouse’s orders showing a permanent duty station in Virginia, and proof of your legal residence in another state.

Eligibility

  • You are the spouse of a service member
  • You are not a legal resident of Virginia
  • You are in Virginia only to be with your service member spouse
  • Your spouse is a nonresident permanently stationed in Virginia

Source

Official source