Military Spouses Residency Relief Act - Where to file W2 as employer

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I-doc
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Joined: Fri Feb 12, 2021 11:07 pm

Military Spouses Residency Relief Act - Where to file W2 as employer

Post by I-doc »

I employed a household employee as a nanny this year who is claiming residence of her military spouse in Texas. She worked for us in South Carolina and since her income taxes would be for Texas it is my understanding I did not need to withhold state income taxes. I did pay SC state unemployment taxes. Does anyone know any good resources for more information on where I need to file a W2 for the state? I am planning to efile or paper file a W2 to the IRS but am not able to find if I file the state W2 in SC or not. I assume so, but I am not sure if this is correct. I would guess I do not need to file it to Texas but I am a little lost in trying to find an answer. Thanks in advance!
123
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Re: Military Spouses Residency Relief Act - Where to file W2 as employer

Post by 123 »

Deleted potentially misleading response.
Last edited by 123 on Tue Jan 24, 2023 11:11 pm, edited 1 time in total.
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FoolishJumper
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Location: Midwest

Re: Military Spouses Residency Relief Act - Where to file W2 as employer

Post by FoolishJumper »

https://dor.sc.gov/resources-site/lawan ... RR10-5.pdf

Questions 16 & 17 should help to answer your question.
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MP123
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Re: Military Spouses Residency Relief Act - Where to file W2 as employer

Post by MP123 »

I would assume that you are required to report wages earned in SC to SC, even though there is apparently no withholding or SC taxation required for them under MSRRA. I'm not sure if there would be a filing requirement in TX, but it seems unlikely since they have no personal income tax.

You and/or your employee may get questions about this, so be sure to keep documentation.
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