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View Full Version : Married filing Joint vs. Separate if spouse in military


spv112
Mar 18, 2009, 10:08 AM
My husband is in the NAVY, and is based in San Diego. Last year he claimed his permanent address to be in the state of Nevada, because that is where his father lives. We married in Sept of last year.

When it comes to filing taxes, if we file married, joint, do I just apply my income to the state ( california) tax?

Is it true that the being in the armed forces makes you exempt from filing a state tax? Or does he need to change his permanent address to California now?

Thank you.

AtlantaTaxExpert
May 11, 2009, 11:15 AM
If your husband has established his domicile in the state of Nevada, then, on his MILITARY pay, the Nevada state tax law applies, which means he pays NO state income tax.

On your income (which presumably was earned in California), you will pay California state income taxes. You will file jointly as a non-resident, because you assume the domicile of your husband (Nevada) and are considered to be a temporary resident of California due to his military duty.

In filing jointly, you pay taxes ONLY on your California income, but both incomes are reported on the California tax forms.