Military and residency

[JML222]

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!

[BobKamman]

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

[RollTide68 · Accepted solution]

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]

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

[RollTide68]

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