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Anonymous
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Hubby is active duty military. Home of record is FL, so that is his state of residency. He is stationed in CA. What do I say when it asks if he lived in another state?

Since we live in CA, do I need to claim CA as my residence? I am registered to vote here and receive Social Security Disability but no CA income?
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DS30
New Member

Hubby is active duty military. Home of record is FL, so that is his state of residency. He is stationed in CA. What do I say when it asks if he lived in another state?

It depends but you will only claim CA as your state of residence if you changed your permanent state of residence to CA form your former state of residency. Just being stationed in CA will not change your state of residence to CA (although changing your voters registration may constitute a change of residence). However, if you consider another state of residence as your permanent state of residency or you are covered under MSRRA, then you will not need to file any CA state income tax return.

Just make sure that you are letting the TurboTax system know that your spouse is on active military duty and that you are inputting his state of legal residency (SLR) as his resident state. His SLR is usually his home of record – the state recorded by the military as his home when your spouse joined the military (regardless of where he is stationed).

For example if his SLR is FL but he is stationed in CA, then he will use FL as his resident state in TurboTax. 

If necessary , you may need to edit your personal information under the Personal Info tab (for TurboTax Online sign-in, click Here) to let the TurboTax system know that you are in the U.S. Armed Forces.

You will need to make sure that you select yes -"I am a member or former member of the U.S. Armed Forces (active, reserve or National Guard)".

Also answer "no" to "I lived in another state" (screenshot). Even though you may have lived in a different state, this will not apply if your spouse is on active military service in a state other than your home of record state.

Additionally, if your spouse earned any income outside their military pay in a state that is not your state of record, your spouse will need to file a nonresident state income tax return to recognize this nonmilitary income. Otherwise you will only have a resident state income tax return for your home of record, the state where you lived when you joined the military.

If you are covered under MSRRA, you will only file taxes in your spouse's  state of legal residency (SLR).

However, if you do not qualifies under the MSRRA and you are claiming a non-CA state as your state of residence, then you can still file jointly for federal income tax but will need to file married filing separately for state taxes.

https://ttlc.intuit.com/replies/3301995

https://ttlc.intuit.com/replies/3302300


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