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Military nonresident filing jointly with MD Resident

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Level 1
last updated ‎April 09, 2020 2:59 PM

Does anyone know a work around to get a 502 Resident & 505 Nonresident form to print from Proseries Basic.  I know I cannot electronically file both because the system does not support both forms, which why not btw.  However, can I at least get them to print so they can mail.  situation:  I have a military client that has his state of residency the Virgin Islands - no income tax.  He has married and moved to Maryland with his wife who is an established MD resident.  I cannot seem to get the forms to do what I want.  Any ideas?

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Level 15
last updated ‎April 09, 2020 2:59 PM

If he moved on his own accord and not on military order, normal state tax law on residency will apply.  Do I understand the context surrounding his move correctly?

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Still an AllStar
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Highlighted
Level 1
last updated ‎April 09, 2020 2:59 PM

Thank you for your response. 

He is active and was stationed in MD.  According to MD's website below: If a joint Maryland resident return is filed a pro forma joint Maryland nonresident return (Forms 505 and 505NR) must also be completed and submitted as an attachment to the joint resident return. On Form 505NR, the amount reported on line 5 should include the amount of the joint federal adjusted gross income that is attributable to the Maryland resident spouse. The total Maryland tax figure from line 32c of Form 505 should be added to the figures on lines 28 and 33 of Form 502, and that total should be entered on line 34 of Form 502.  

Thus, I need to be able to complete both forms.

(https://marylandtaxes.gov/individual/estate-inheritance/docs/Income_and_Estate_Tax_Releases/ar_it1.p...

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Level 15
last updated ‎April 09, 2020 2:59 PM

You said "He has married and moved to Maryland with his wife who is an established MD resident."  It would appear from this statement that he moved on his own accord as a result of his marriage rather than on a military order.  He may be active in the military before and after the move but that doesn't mean the move was sole in compliance of a military order.  And that makes a world of difference.  So, was he relocated on military order?

50 U.S. Code § 4001. Residence for tax purposes
(a) Residence or domicile

(1) In general
A service member shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.

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