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February 7, 2021
Question

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

  • February 7, 2021
  • 1 reply
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I lived in texas 9/12 months of 2020 and worked there 8/12 months of 2020 then September 19th I married my active duty husband and moved to California October 2020 to live with him on base. So I've

1 reply

February 7, 2021

First, the income earned in Texas before you married is not taxable in any other state.

 

What is your husbands state of legal residence (Home of record)? You can select to use the same state as your husband once you got married for tax purposes. Then any income earned in the state your are stationed in will be taxable in your husbands state of legal residence (unless that state does not have income tax).

 

Or if you are working in California you can choose to claim your income there. But usually it will be easier to claim your husbands state of legal residence since you will have to file only one state return.

 

Please see Military Spouses and State Taxes for additional information.

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93446masAuthor
February 7, 2021

My husbands state of resedencey is oklahoma so I would claim oklahoma not california? Putting my texas income in the other state income. I haven't worked at all in california. This is my first time filing military and married.

February 7, 2021

Yes, you can claim Oklahoma and not California. Just make sure your Texas income is not counted towards the Oklahoma income.

 

If you decide to work in California in the future make sure you file the Exemption DE 4 Form

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