California state tax as a military wife

[Masheen]

My husband is in the navy and we recently moved to San Diego as part of his PCS orders. My original state of residence is Washington state. I have purchased a home there, paying mortgage, my vehicle is registered there and I have the right to vote in that state. My husband’s resident state is Georgia.We got married last year in Washington and do intend on settling down in Washington state once he is done with the military. My question is I am working as a nurse here in San Diego do I need to pay California state tax when I am only working here because my husband is stationed here and I still have my Washington state residency? I know that under the MSRRA we need to have the same domicile state which in this case right now we do not, his is Georgia and mine is Washington state. He does intend on becoming a Washington resident we just weren’t able to do it in the short time that he transitioned from being overseas to having to report to San Diego.Feedback on this would be great.

[Stinkerbellkity]

No, you do not have to pay tax in San Diego under your circumstances, and you do not have to have the same domicile as your spouse.

https://www.edd.ca.gov/Payroll_Taxes/FAQ_-_Military_Spouses_Residency_Relief_Act.htm

[Masheen]

Thank you so much for the info. But for some reason when I contacted the California FTB regarding this they told me I needed to still pay because I’m from Washington.a community property state, and Georgia is not which just didn’t make sense to me. So i filled out tax withholding for my de4 form because I don’t want to end up owing money. But now after the link you sent I do think I’m exempt since I’m literally just here to be with my husband under military orders.

[Stinkerbellkity]

The fact that WA is a community property state would have nothing to do with your need to file in CA.  You should call again and see if you can talk to someone who has a better understanding of military spouse tax law.