Title 50 — War and National DefenseRelease 119-73
§4001 Residence for tax purposes
Title 50 › Chapter CHAPTER 50— - SERVICEMEMBERS CIVIL RELIEF › Subchapter SUBCHAPTER V— - TAXES AND PUBLIC LANDS › § 4001
Summary
Military members and their spouses do not lose or gain a tax home just because they are sent somewhere by military orders. A spouse who goes only to be with the military member is treated the same way. For any tax year, a married military member and spouse can choose one place to use for taxes: the member’s home, the spouse’s home, or the member’s permanent duty station, no matter when they married. Military pay is not treated as state income if the member is not a resident of the state where they serve. Spouse pay is treated the same if the spouse is there only to be with the member. Personal property of the member or spouse is not treated as located in the state where the member serves because of orders, except property used in a business that the state can tax. A state may not count a nonresident’s military pay to increase taxes on that person’s other income. An Indian member who lives on a Federal Indian reservation is taxed under reservation law, not the state. Definitions: personal property = tangible and intangible things (including cars); taxation = includes vehicle licenses, fees, or excises paid to the State of domicile; tax jurisdiction = a State or a local part of a State.
Full Legal Text
Title 50, §4001
War and National Defense — Source: USLM XML via OLRC
(a)(1)A servicemember 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.
(2)A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders.
(3)For any taxable year of the marriage, a servicemember and the spouse of such servicemember may elect to use for purposes of taxation, regardless of the date on which the marriage of the servicemember and the spouse occurred, any of the following:
(A)The residence or domicile of the servicemember.
(B)The residence or domicile of the spouse.
(C)The permanent duty station of the servicemember.
(b)Compensation of a servicemember for military service shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the servicemember is not a resident or domiciliary of the jurisdiction in which the servicemember is serving in compliance with military orders.
(c)Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.
(d)(1)The personal property of a servicemember or the spouse of a servicemember shall not be deemed to be located or present in, or to have a situs for taxation in, the tax jurisdiction in which the servicemember is serving in compliance with military orders.
(2)This subsection applies to personal property or its use within any tax jurisdiction other than the servicemember’s or the spouse’s domicile or residence.
(3)This section does not prevent taxation by a tax jurisdiction with respect to personal property used in or arising from a trade or business, if it has jurisdiction.
(4)Eligibility for relief from personal property taxes under this subsection is not contingent on whether or not such taxes are paid to the State of domicile.
(e)A tax jurisdiction may not use the military compensation of a nonresident servicemember to increase the tax liability imposed on other income earned by the nonresident servicemember or spouse subject to tax by the jurisdiction.
(f)An Indian servicemember whose legal residence or domicile is a Federal Indian reservation shall be taxed by the laws applicable to Federal Indian reservations and not the State where the reservation is located.
(g)For purposes of this section:
(1)The term “personal property” means intangible and tangible property (including motor vehicles).
(2)The term “taxation” includes licenses, fees, or excises imposed with respect to motor vehicles and their use, if the license, fee, or excise is paid by the servicemember in the servicemember’s State of domicile or residence.
(3)The term “tax jurisdiction” means a State or a political subdivision of a State.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 571 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 511 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189, related to land rights of persons under 21. See section 3998 of this title. Prior sections 512 to 514 of act Oct. 17, 1940, ch. 888, were omitted in the general amendment of this Act by Pub. L. 108–189. section 512, act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1190; Oct. 6, 1942, ch. 581, § 16, 56 Stat. 776, related to extension of benefits to persons serving with war allies of the United States. See section 3914 of this title. section 513, act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1190, related to deferral of income tax collection and the statute of limitations. See section 4000 of this title. section 514, act Oct. 17, 1940, ch. 888, art. V, as added Oct. 6, 1942, ch. 581, § 17, 56 Stat. 777; amended July 3, 1944, ch. 397, § 1, 58 Stat. 722; Pub. L. 87–771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 102–12, § 9(24), Mar. 18, 1991, 105 Stat. 41, related to residence for tax purposes. See section 4001 of this title.
Amendments
2023—Subsec. (a)(2), (3). Pub. L. 117–333 added pars. (2) and (3) and struck out former par. (2) which related to residence of spouses of servicemembers for tax purposes. 2018—Subsec. (a)(2). Pub. L. 115–407 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). 2009—Subsec. (a). Pub. L. 111–97, § 3(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c). Pub. L. 111–97, § 3(a)(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 111–97, § 3(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 111–97, § 3(a)(4)(A), inserted “or the spouse of a servicemember” after “The personal property of a servicemember”. Subsec. (d)(2). Pub. L. 111–97, § 3(a)(4)(B), inserted “or the spouse’s” after “servicemember’s”. Subsecs. (e) to (g). Pub. L. 111–97, § 3(a)(2), redesignated subsecs. (d) to (f) as (e) to (g), respectively.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 Amendment Pub. L. 115–407, title III, § 302(b), Dec. 31, 2018, 132 Stat. 5373, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act [Dec. 31, 2018].”
Effective Date
of 2009 Amendment Pub. L. 111–97, § 3(b), Nov. 11, 2009, 123 Stat. 3008, provided that: “Subsections (a)(2) and (c) of section 511 of such Act [Servicemembers Civil Relief Act] (50 U.S.C. App. 571) [now 50 U.S.C. 4001], as added by subsection (a) of this section, and the
Amendments
made to such section 511 by subsection (a)(4) of this section [amending this section], shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act [Nov. 11, 2009].”
Effective Date
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Reference
Citations & Metadata
Citation
50 U.S.C. § 4001
Title 50 — War and National Defense
Last Updated
Apr 6, 2026
Release point: 119-73