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.