Wyoming SCRA Benefits: State-Duty SCRA, No Tax
Part of: The Complete Guide to the SCRA
Wyoming gives a Guard member both halves of a good deal at once: real civil relief on state orders and no income tax on the pay. It imports the federal SCRA, backs it with a criminal penalty, shields your duty pay from creditors, and taxes none of it.
What Wyoming brings on top of the federal SCRA
| Protection | Federal SCRA | Wyoming |
|---|---|---|
| Guard on state active duty (30+ continuous days) | ✕ Not covered | ✓ Full federal SCRA applies (W.S. § 19-11-122) |
| 6% cap, lease exit, default judgment | ✓ On federal orders | ✓ Extended to state orders |
| Garnishment of military-duty pay | n/a | ✓ Exempt |
| Penalty for violating your rights | Federal enforcement | ✓ Misdemeanor, up to $1,000 fine |
| State income tax on the duty-station election | Depends on state | ✓ None. 0% |
One import, with teeth
Section 19-11-122 adopts the federal SCRA for state service of more than 30 continuous days, so on those orders you can cap a pre-service loan at 6% with the standard rate-cap letter, terminate a lease, and raise the default-judgment and foreclosure shields. Two extras set Wyoming apart. Knowingly violating those rights is a misdemeanor carrying a fine up to $1,000, which gives a creditor a real reason to comply. And your military-duty pay is exempt from garnishment, so the income you earn while activated stays yours.
The line to check is the threshold: more than 30 continuous days of state active duty. On federal orders the SCRA applies regardless.
The tax side: no income tax
Wyoming has no state income tax, which turns an assignment here into the cleanest version of the duty-station tax election: you and your spouse may elect the duty-station state and pay $0 state income tax on covered income, even if domiciled in a state that taxes. Stack the car-tax rules and the math gets better.
The Wyoming rundown
- WY Guard past 30 continuous days of state active duty: send the 6% cap letters on pre-service debt and cite W.S. § 19-11-122 as the bridge to the SCRA.
- A creditor ignores the law: it is a misdemeanor under 19-11-122; document it and raise the penalty.
- A creditor tries to garnish your duty pay: it is exempt; cite the statute and stop it.
- PCS or activation with a lease: use the lease exit and the termination calculator.
- Stationed in Wyoming: make the duty-station tax election the month you arrive. There is no state income tax to pay.
The law behind this: W.S. § 19-11-122
Military service member protections: the federal SCRA extended to the Guard on state active duty over 30 continuous days, with a misdemeanor penalty and garnishment exemption: read the statute.
Frequently asked questions
Does Wyoming cover the National Guard on state active duty?
Yes. W.S. 19-11-122 gives a Wyoming National Guard member ordered to active state service, by the state or federal government, for more than 30 consecutive days all the protections afforded to members of the U.S. armed forces under the federal SCRA. State orders are the gap federal law leaves; Wyoming closes it.
Which protections apply on state orders?
The federal toolkit, because 19-11-122 imports it: the 6% interest cap on pre-service debt, lease termination, default-judgment protection, the stay of proceedings, and foreclosure and eviction shields. Wyoming also makes it a misdemeanor, with a fine up to $1,000, to knowingly violate those rights.
What is the garnishment exemption?
Wyoming exempts the money a Guard member earns from performing military duty under the governor orders from garnishment or attachment. A creditor cannot reach your state-duty pay, which protects the income you earn while activated.
Does Wyoming tax military pay?
No. Wyoming has no state income tax. A duty station here means $0 state income tax on covered military pay, whatever your home of record, which makes it a clean version of the duty-station tax election for you and your spouse.
Sources
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.