Legislation extends residency rights to military spouses
The House Veterans' Affairs Economic Opportunity Subcommittee unanimously approved a bill in late June extending residency rights to spouses of service members.
Sponsored by Rep. John Carter, R-Texas, the bill was approved by voice vote. The bill affects spouses of service members who accompany his or her military spouse to temporarily live in another state for military duties.
The bill amends the Servicemember's Civil Relief Act, a law that allows soldiers to keep one state of residency regardless of where military orders send them. It is intended to prevent soldiers from having to re-register to vote, obtain new driver's licenses, maintain property titles and simply state income tax filings. Currently spouses are not covered.
"Over the course of their spouse's career, they face multiple changes of voter registration and drivers licenses, will pay income tax to a state they never intended to live in, and likely not have their name on any property titles," Carter said at a June 19 Economic Opportunity Subcommittee hearing.
Carter said by extending property and title rights to spouses, it will ensure the spouse proper legal protections in the event of a divorce.
Carter added that allowing couples to claim the same state of residency could lead to savings in property and income taxes if military orders take them to a state with higher tax rates.
COMMENTS
- I have been in the Navy for a little over 7 years. During that time I have lived in 5 different states, and twice in Texas (I am not a TX resident). The idea of paying state taxes everywhere that you are stationed is insane! There is so much more to it than where you pay taxes. I keep my home state as my residence so that I can vote there because I am familiar with the people/candidates and care more about the legislation in my home state than in one that I am only stationed in for 2 years. If you own property in a state such as TX or Fl, it certainly makes sense to keep your residency there. Not to mention the tax burdens you would incur if you bought a new car in a state, then got orders to move to a different state within 6 months. Your "dirty little secret" is worthless dribble. Most states that do have income taxes give various have tax credits to active duty military anyway. As usual, the bureaucrats can't see past their pencils and calculators. If your such a big shot and so worried, why don't you spend a little time simplifying the tax laws and rewriting the tax code. That's a Big Dirty Secret! The average American would much rather have the ability to understand the tax code (and save the hundreds of $$ paid to an accountant) than to tax an E-3 whose been to Iraq 2 or 3 times and makes less than $30,000! Jared Ferguson Posted October 15, 2008 4:22 PM
- As a prior IRS staffer, as an alumnus of the Presidential Management Fellowship Program, as a prior 12+ year journeyman pipefitter, and as a caring and thinking taxpayer of the United States of America, I take strong and non-apologetic objection to the FACT that far too many active duty members of our Nation's military (the vast majority of who have never and will never step foot into a war zone) have used and contine to use and abuse a surmised home state of record in Florida or Nevada or Texas or another state that does not have state income taxes not because they live or plan to live there in the future, but instead opportunistically claim it only and solely so they can avoid paying any state income taxes at all. This transparent tax avoidance OUGHT TO BE STOPPED and STOPPED IMMEDIATELY. I have no apologies to offer none at all. Michael J. Smith, M.P.A. Posted August 28, 2008 5:46 PM
- The issue with this legislation is not the military member but the spouse and you failed to directly address any of my factual comments. So either you have no rebuttal worthy of comment or you just enjoy complaining without saying anything constructive. J OBrien Posted August 28, 2008 3:38 PM









