My wife is a foreign national. We’ve been filing taxes jointly since 2020 and I always elect her state as Foreign since we’ve been living abroad ever since. Now that she has established her Permanent Residence status, I wonder if she can claim California (my home of record) as her own even though she’s never lived there, according to the Military Spouse Residency Relief Act (MSRRA). If yes, do I need to amend my tax returns for all these years or just after she got her Green card?
Here is the exact wording of the law:
"For any taxable year of the marriage, the spouse of a servicemember may elect to use the same residence for purposes of taxation as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.''.
Still have questions?Make a post