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93446mas
Returning Member

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

I lived in texas 9/12 months of 2020 and worked there 8/12 months of 2020 then September 19th I married my active duty husband and moved to California October 2020 to live with him on base. So I've
5 Replies
DanaB27
Employee Tax Expert

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

First, the income earned in Texas before you married is not taxable in any other state.

 

What is your husbands state of legal residence (Home of record)? You can select to use the same state as your husband once you got married for tax purposes. Then any income earned in the state your are stationed in will be taxable in your husbands state of legal residence (unless that state does not have income tax).

 

Or if you are working in California you can choose to claim your income there. But usually it will be easier to claim your husbands state of legal residence since you will have to file only one state return.

 

Please see Military Spouses and State Taxes for additional information.

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93446mas
Returning Member

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

My husbands state of resedencey is oklahoma so I would claim oklahoma not california? Putting my texas income in the other state income. I haven't worked at all in california. This is my first time filing military and married.

DanaB27
Employee Tax Expert

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

Yes, you can claim Oklahoma and not California. Just make sure your Texas income is not counted towards the Oklahoma income.

 

If you decide to work in California in the future make sure you file the Exemption DE 4 Form

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93446mas
Returning Member

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

I've never physically lived in oklahoma and my driver's license is in texas will that affect anything? Last question I promise I'm just lost on it 

ToddL99
Expert Alumni

I'm trying to file mine and my husband's taxes and I'm not shore about my state of resedencey due to the Military Spouse Residency Relief Act (MSRRA)

You do not need the have physically lived in Oklahoma in order to claim Oklahoma as your state of residency. The "Military Spouse Residency Relief Act" gives you the option of claiming residency in the same state as your active-duty spouse.

 

The MSRRA does not, however, require you  to become a resident of Oklahoma - you may choose to remain a resident of Texas or become a resident of California.

 

If you choose to be a resident of Oklahoma, you should take steps to affirm that choice - get an Oklahoma driver's license (when you can) and register to vote in Oklahoma.

 

The following article provides additional and very useful information about the protections of the MSRRA: Demystifying the MSRRA (Military Spouse Residency Relief Act)

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