CA state income tax filing

[smfwalker]

I am a WA resident and currently live in CA due to husband’s military orders. He is also a WA resident. I work as a nurse and real estate agent in CA am I required to file CA state tax/ pay state taxes? Or am i exempt due to MSRRA.

[ErnieS0]

No. Under the MSRRA, the income of a nonmilitary spouse of a military servicemember for services performed in California is not considered to be from sources within this state if the spouse is not a California resident because the spouse is in California solely to be with the servicemember serving in compliance with military orders and both have the same out-of-state domicile.

California source income not covered by the exemption includes income from:

• Real or tangible personal property located in California.

• A trade or business located in California except to the extent it receives income for services performed by the MSRRA-qualifying servicemember’s spouse.

See page 15 of Publication 1032 Tax Information for Military Personnel

[smfwalker]

Thanks for the info @ErnieS0  , so i do not have to file california state income for the earnings i earned as a nurse and my real estate commissions correct?

[DanaB27]

Yes, that is correct, you don't have to file unless you are trying to get CA state withholdings back.

@smfwalker

[TomD8]

However, if CA taxes were mistakenly withheld from your pay, you'd have to file a non-resident CA return in order to get them refunded.

[smfwalker]

got it thank you