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DONALDDUCK
Level 1
03-20-2023
03:58 PM
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My client is in the service. He is domiciled in California, but stationed in Montana. His spouse who is non-military lives with him in Montana. Their only income is W-2 income. He receives a W-2 with the state of California listed on the W-2. She receives a W-2 with the state of Montana listed as the state. I believe that I need to file them as California non-resident, taxing only his military income. I am allowing her state of domicile to follow his, as they were married when they left California and were stationed in Montana. I am not sure if she would file a Montana non-resident listing only her income. When I put the details into the input sheets, it is taxing both W-2's on the Montana return. California is taxing only her income, so I have something off. I am a little lost here as to how to proceed.
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3 Comments 3
George4Tacks
Level 15
03-20-2023
04:19 PM
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@DONALDDUCK You should post your question in the
area - You posted in the area telling what product improvements you want.
Maybe this article will help.
Here's wishing you many Happy Returns
qbteachmt
Level 15
03-20-2023
06:57 PM
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If you read the MT 2 form booklet, page i, you will see there is a new box to check. Read down to page 1, to the Nonresident Military Servicemembers and Spouses section. It mentions if they are both residents of the same State (CA), which I think you have this condition.
There is a list, by year.
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"Level Up" is a gaming function, not a real life function.
"Level Up" is a gaming function, not a real life function.
tnslifka
Level 1
01-18-2024
07:51 PM
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Per updates to the SCRA pertaining to the MSRRA in 2018, the non-military spouse can claim the same residence state as the service member. So if his residence is CA, she can claim that to. You would actually be filing as a nonresident in both states. CA only considers you a resident if you're stationed there AND it's your legal residence. So you would file both of their income to CA. And you would file as a nonresident in Montana. She should get all of her state taxes back that were paid to MT.
