Skip to main content
Level 5
February 28, 2020
Solved

Military and residency

  • February 28, 2020
  • 4 replies
  • 43 views

Have a client that is from Idaho, in the military and stationed in California. Client married a California person mid-year and reside together in a California apartment.  It is my understanding that the taxpayer does not pay Calif. state tax and the spouse can claim Idaho residency from marriage date forward. Sound correct? Thanks!

 

This topic has been closed for replies.
Best answer by RollTide68

Military spouse can claim a NEW state of residency once they have established residency in that state.  After that they can remain a legal resident of that state even if they move as long as they remain married to the military member.

In the situation you described I don't think the spouse can change their state of residency because they have not ESTABLISHED a new state of residency.

https://militarybenefits.info/military-spouse-act-residency-relief-msrra/

4 replies

BobKamman
Level 15
February 28, 2020

A California preparer will answer this, but probably point out that both California and Idaho are community-property states.  

RollTide68
Level 7
February 28, 2020

Military spouse can claim a NEW state of residency once they have established residency in that state.  After that they can remain a legal resident of that state even if they move as long as they remain married to the military member.

In the situation you described I don't think the spouse can change their state of residency because they have not ESTABLISHED a new state of residency.

https://militarybenefits.info/military-spouse-act-residency-relief-msrra/

BobKamman
Level 15
February 28, 2020

Eventually, all military establish residency in Texas, Florida or Alaska.  Then they keep it there regardless of where posted.  

RollTide68
Level 7
February 28, 2020

I changed mine to Texas during basic training and didn't change until I retired.