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February 6, 2020
Question

We’re married and dual military stationed in California , I got out in January of 2019 and worked a civilian job.. which state do I put as my resident ?

  • February 6, 2020
  • 2 replies
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2 replies

SteamTrain
Employee
February 6, 2020

oooops, you got out. Have to change this.

___________________________

If your spouse is still in-service, what is the spouse's HOR/SLR (state of legal residence), and are you planning to use his/hers as your own?

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
SteamTrain
Employee
February 6, 2020

Edited the above...more info needed.

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
AmyC
Employee
February 6, 2020

The laws changed in 2018 for military spouses so... you have options.

 

1. You can claim your residence is the same as your spouse's HOR and file there as resident. File a Ca non-resident.

 

CA says:

Income of a service member's spouse for services performed in CA is not subject to tax if the spouse elects to use the same state of legal residence as a nonresident service member.  If the spouse makes the elections, write "VBTA" at the top of the return in blue ink or follow the tax software's instructions.

 

2. You can file a CA non-resident and pay count your income and a resident return where you consider home.

 

Either way, you get to file a resident return somewhere, (maybe, depending on the state) and a CA non resident return. If using option 1, there is no  CA tax liability.

 

 

 

 

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