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Allstar16401
Returning Member

Military - Different States (CA)

Hi!

I am active duty military and my state of legal residency is PA. (All income taxes on my LES were withheld in PA). I am stationed in CA. My wife had a job in CA all of 2020. When filing taxes, can we file a Joint Federal return, and then she files a MFS in CA with just her income and I filed a MFS in PA with my military income?

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2 Replies
Carl
Level 15

Military - Different States (CA)

Filing as MFS is almost always the worst way to go tax-wise. When a married couple files separate returns, they both automatically lose a lot of tax credits and deductions they would otherwise qualify for if they filed joint. I am assuming that both of you are legal residences of PA.

The federal return will be filed joint. You already know and understand that.

The PA return will also be filed joint, with your CA income reported as income earned outside the state of PA.

For the CA return, I'm not exactly clear for that, but it should be filed as a joint return and I "think" only your wife's income that was earned in CA gets reported on that. (Wait for another response in this thread to clarify that.)

Two things I do want to point out, since you will be filing two state returns.

1. After you complete the federal return in it's entirety, complete the non-resident CA state tax return "BEFORE" you even start the PA resident state tax return. This is because many states have reciprocal tax agreements so that you don't get double-taxed across two or more states on the same income. By completing the resident state tax return last, that allows the TurboTax program to *correctly* account for any reciprical tax agreement that may exist between CA and PA.

2. Do not file "any" tax return until you have completed "all" tax returns and you are 100% satisfied with the results. When completing the non-resident state, as well as the resident state tax return, it *will* change things on the federal return. Additionally, as you complete the resident state return last, it *will* change things on the non-resident state return. Especially if there's a tax agreement between PA and CA.

 

TomD8
Level 15

Military - Different States (CA)

Your wife has the option of filing as a resident of PA, your State of Legal Residence.  Doing so would make her income not taxable by CA.  See Residence of Spouse of Servicemember on page 3 of this California tax publication: 

https://www.ftb.ca.gov/forms/2020/2020-1032-publication.pdf

 

Therefore you and your wife could choose to file a joint return in PA.  Your military income would not be taxed by PA, since you're stationed outside the state.  Nor is it taxable by CA.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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