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AOSgirlLV

Military Spouses Residency Relief Act (MSRRA) for immigrants

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Hi!

My spouse in Active Duty and I applied for the GC while he was stationed in Nevada. My GC wasn't issued yet (long wait), and we moved to California. He fills state taxes for Washington.

Now I am starting a job here in California and I am confused about the State of residency for tax purposes.

According to "FTB Publication 1031 Guidelines for Determining Resident Status" I don't qualify as a resident from California, as I am Present in the state temporarly.

Plus, according to" FTB Publication 1032 Tax Information for Military Personnel", "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." And "Domicile is defined as the one place: • Where you maintain a true, fixed and permanent home. • To which you intend to return whenever you are absent."

So, I meet two of the tree requirements to qualify as MSRRA, for sure:

- Resides in the state solely in order to live with the servicemember
- The servicemember is present in the state in compliance with military orders
But there is a gap for the third requirement, which is: have the same ou-of-state-domicile. Because I actually don't have a domicile in the United States, neither I qualify for a residency in California.
Could anyone give me some advice on this?
What determine my State of residency for tax purposes if I am an immigrant military spouse and everywhere I live is temporary and is not for "domicile"?
Can I choose my husband's state for tax purposes even if I never lived there?
Please provide the laws/acts or the source where you got the information. I just want to make sure I am doing the right thing.

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of course you have a domicile... that is where you live for legal purposes. I mean dont be silly! I know its confusing and not actually having a GC yet can make you feel like youre in a limbo status and just hanging in the air but you are an actual person. Like you are physically present and you technically reside (your domicile) is where your hubbys is- back in Washington. You guys just happen to be assigned to CA right now and CA says its okay since you are military to not pay taxes to them.

Read again the CA requirement- you and hubby have the same out of state domicile- that means you and him have a permanent home back in Washington. You guys have that right? I think you are just hung up on the fact that you dont have a GC yet so you dont feel you are legitimate. Having a domicile has nothing to do with having a GC.

Does that make sense? Youre going to have to look into the laws for Washington for filing with out of state income and if this is your first year here about all the crud about part year resident and stuff like that... there is a tax thread,,, well not a tax thread but some kind of section in the forums about taxes... I think its under moving here and your new life maybe? search around, its here. Im sorry I cant help more, its been so long since Ive dealt with that specific issue...

I can tell you if you need help to contact an accountant and not a tax prep service like HR block because they do NOT know anything about immigration issues like an accountant would. Also being military I am under the impression that there are services you can contact for assistance isnt there?

Hope I helped a little.. :)

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