Do I qualify for MSRRA in Missouri? Can I file as a non military spouse when we reside in California?

[msdanilise]

my active duty husband has a SLR in Missouri.  He is stationed in California.  We were married and reside in CA.  I have always filed in CA.  As a non military spouse, do I qualify for MSRRA in Missouri?  

[KarenJ · Accepted solution]

Yes. There was a change to the MSRRA, the Veterans Benefits and Transition Act of 2018, which became Public law on December 31, 2018. This allows military spouses to claim for tax purposes the same state of residence as their service member spouse for income tax.

Sec. 302. Residence of spouses for servicemembers for tax purposes: This provision would amend SCRA to allow the spouse of a servicemember to elect to use the same state of residence as the servicemember for state or local tax purposes regardless of when or where the two individuals were married. These changes would apply with respect to any return of state or local income tax filed for any taxable year beginning with the taxable year that includes enactment.

But since the law has been passed so recently it might take a while for the states to establish their procedures for doing so. Tax preparation software can only be updated after the States establish their procedures. You might want to only file your federal tax return for now and wait and see how the state reacts to the recent law change.

https://www.veterans.senate.gov/imo/media/doc/S.2248%20Section-by-Section.pdf

https://www.military.com/money/military-spouses-residency-relief-act-mssra