I am the spouse of an Active Duty Military member. Our state of residence is CA. I have a TX DL. We moved to HI last Jan. Which state do I claim?

[taylorpuss]

I lived in HI all of last year, over 200 days.

[JulieH1 · Accepted solution]

You are protected by the Military Spouse Residency Relief Act  (MSRRA) which means you do not need to pay state income taxes in any state where you live due to your spouse's military service.

You will not need to file in HI due to MSRRA.

You do not need to file in Texas because there is no state income tax in Texas.

You DO need to file a Resident tax return in California because it is your state of residence.

[taylorpuss]

I also worked in HI last year. Does this change the answer?

[JulieH1]

If you worked in HI and they took out taxes that you want back then you can file a non-resident return in HI to get the refund.  If you have not done so, make sure you notify your employer that you are in HI for military orders and ask what form you need to sign so that no further taxes are taken. If they do not know about the law then you can do it yourself. Each state has a different form from their own Department of Revenue, so look online to find which form HI requires, fill it out and give to your employer with a copy of your military orders.