California EIC qualify

Forum|Forum|3 years ago
April 3, 2023
1 reply
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My husband is an active duty member and our children and I are stationed overseas with him but our domicile,

home of record and W-2 is California.
Do we file as residents of California or Non residents to qualify for California Earned Income Tax Credit/ Young Tax credit ?

BrittanyS

Your state of legal residency for tax purposes would be your home of record listed with the military. You will use your home of record for filing your tax return. If your husband listed his home of record as California, then you will file a resident return for California and be able to claim the Earned Income Tax Credit/Young Tax credit on the California return. The home of record and state of legal residency is described as follows:

Home of Record. Your home of record is the state recorded by the military as your home when you were enlisted, appointed, commissioned, inducted, or ordered in a tour of active duty. This is often the state you should continue to use as your tax home as you move from state to state (or overseas) on military orders.

State of Legal Residency. Your state of legal residency (SLR) would be your "Home of Record" unless you changed it to another state. Changing the state on your paycheck records doesn't change your SLR.

To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted.

For more information on military returns, see the link below:

What is my military state of residence?

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