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Tax Question for CA Resident Military Spouse

Discussion in 'Military' started by EatSleepTacos, Jan 23, 2019.

  1. Jan 23, 2019 at 10:11 PM
    #1
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    I'm currently active duty stationed in MD with my home of record being CA. As active duty, I don't pay state taxes but I will be a civilian in a mere 57 days. My wife is also active duty, so I'll soon be a military spouse.

    My question is if I'm going to continue to be exempt from state taxes under the military spouse residency relief act (so long as we're not stationed in CA), or if I'm going to have to start paying state taxes again.

    I've done some research but this shit is so confusing. Anyone who was already married, joined the military in CA, and moved away should be able to answer this based on whether or not their spouse has to pay taxes to CA. Thanks guys.
     
  2. Jan 23, 2019 at 10:17 PM
    #2
    crazysccrmd

    crazysccrmd Well-Known Member

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    whatstcp and the.sight.picture like this.
  3. Jan 23, 2019 at 10:18 PM
    #3
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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  4. Jan 23, 2019 at 10:24 PM
    #4
    dustin19d

    dustin19d Well-Known Member

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    Lookup IRS publication 3, Armed Forces Tax Guide (2017)
     
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  5. Jan 23, 2019 at 10:28 PM
    #5
    dustin19d

    dustin19d Well-Known Member

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  6. Jan 23, 2019 at 10:29 PM
    #6
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    If you keep reading it states this. My wifes state of residence is PA and I've never lived there, so I can't just claim PA as my state of residence. This is why I fucking hate taxes.

    upload_2019-1-24_1-28-11.jpg
     
  7. Jan 23, 2019 at 10:32 PM
    #7
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    I also hate taxes. Something else we agree on.

    Can you become a state resident of maryland? Which state has a worse state income tax, CA or MD?

    Im also pretty sure there should be some type of income tax relief due to the fact the only reason you will be in MD is due to being a spouse.
     
  8. Jan 23, 2019 at 10:35 PM
    #8
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    Fuck if I know, but I don't wanna be a resident of MD. We're about to move to VA so maybe I'll claim residency there? I should have just changed my state of residency to FL while I was stationed there because there are no state taxes.
     
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  9. Jan 23, 2019 at 10:36 PM
    #9
    crazysccrmd

    crazysccrmd Well-Known Member

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    My bad, I guess I just assumed you’d both lived in CA at some point. You might be able to claim either CA or your current state of residence. Most larger bases will have a free tax center set up for the next couple months, they can probably answer the question.
     
  10. Jan 23, 2019 at 10:37 PM
    #10
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    Right. If you are moving to VA, go ahead and do that before you exit service. Virginia will allow you to claim unemployment when you ETS.
     
  11. Jan 23, 2019 at 10:39 PM
    #11
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    The way I understand it, I'll remain a CA resident because I won't be forced to change it under the MSRRA. I'm just curious if I'll have to start paying taxes again. I was in some pre separation financial counseling the other day and she mentioned I could be exempt which is what prompted the research. If I can't get a clear answer through TW I'll talk to the local tax office and see what they say.
    I won't be moving to VA until after I'm already out.
     
  12. Jan 23, 2019 at 10:42 PM
    #12
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    Are you moving right across the bridge or more inland?
     
  13. Jan 23, 2019 at 10:43 PM
    #13
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    Which bridge? I'll be down in the Portsmouth/Chesapeake area. My wife will be doing her pediatric residency at the portsmouth naval hospital, and we'll be moving there end of May.
     
  14. Jan 23, 2019 at 10:44 PM
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    Slashaar

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    She got family in PA? Claim their house as residency, fly in, go to the DMV and get a license and register to vote? :notsure: IDK
     
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  15. Jan 23, 2019 at 10:46 PM
    #15
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    It gets even more confusing and convoluted :rofl: Her family has left PA and moved to their condo in FL living up the retired life.
     
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  16. Jan 23, 2019 at 10:47 PM
    #16
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    ok, I know 1 guy in Portsmouth. His recommendation to me. If you wanna be a cop and do work, that is the place for it. Its the wild west from how he tells it.

    Now, looking at it objectively, that tells me not to live in Portsmouth lol.
     
  17. Jan 23, 2019 at 10:47 PM
    #17
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    Id have her also change her residency to VA
     
  18. Jan 23, 2019 at 10:49 PM
    #18
    EatSleepTacos

    EatSleepTacos [OP] Well-Known Member

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    Yeah I'd rather not live there lol I feel like I might as well change my mobtown lettering on the bedside to "Steal the fuck outta me"
    Right now she doesn't pay state taxes because military is exempt in PA. If she changed to VA she'd have to pay taxes, including the property tax that everyone in the nova thread loves to complain about haha
     
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  19. Jan 23, 2019 at 10:51 PM
    #19
    crazysccrmd

    crazysccrmd Well-Known Member

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    This is an interesting topic. After reading more I’m not sure now if you can even retain your CA residency after separating from the service and not returning to live in the state. The law and several articles I read make it look like you have the choice of residency in a state in which your spouse PCS’d (and you also lived) or the current state you live in. As a service member you were able to keep CA as your legal residence for tax purposes but I think you might lose that special protection once you become a civilian.
     
  20. Jan 23, 2019 at 10:54 PM
    #20
    the.sight.picture

    the.sight.picture Wishes he was in the woods.

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    Buy a condo in PA? Idk man, I dont like paying personal property tax, But my income tax is far lower than other places. If you do the math, it really isn't that bad. But I dont like any tax, and have been known to complain about all tax.
     

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