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New Member

Am I eligible to use the benefits of the Military Spouses Residency Relief Act?

My spouse is a Public Health Service Commissioned Corps officer. Commissioned Corps officers are eligible for benefits of the SCRA. The MSRRA is a component of SCRA. His duty station and our domicile state is NV (no income tax). During 2016, I commuted daily for nearly 7 months to a job in CA. At the time, it was the nearest position I could find in my field. I believe our situation would warrant a full refund of my CA state income tax under the intent of the MSRRA, but can anyone help with eligibility in the actual application?

Edited to add: We moved to NV under spouse's orders in 2013.

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New Member

Am I eligible to use the benefits of the Military Spouses Residency Relief Act?

Yes, you will be covered under MSRRA, and you would only file taxes in your state of legal residency (SLR). But as you mentioned NV has no state income taxes

Therefore, in order to get the full refund of your CA state income tax withholdings, you will need to file a nonresident CA return but report zero "0" income from CA (even though you do have CA wage income). You must mail in this CA nonresident state income tax return and include your state W-2 information. You will want to include an explanatory statement with your CA return stating your situation (that your CA employer withheld CA state income taxes from your wages in error because you are a military spouse and covered under MSRRA).

You can add a state under the state taxes tab in TurboTax.

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