How to make the election for a military spouse to use the same residence as the service member?

[lihe0402]

I can input the spouse residency in the "California Part-Year/Nonresident Information" tab, just wondering if there's any other input that needs to be made. Thank you.

[taxes96786]

IRS Pub 3 will tell you whether spouse can opt to use Military spouse's State.

[lihe0402]

Thank you very much for your reply. I was trying to ask how to make the election on proconnect, not if the spouse are eligible. 😀

[AL23]

My situation was a little different but I am sharing it in case there are other states that behave in the same way.  I need the Military Spouse Relief to work in the Arizona return.  I selected State & Local  drop down "Part Yr/ NonRes Information.  Select Residency status:  NonResident.  Continue scrolling down Part Year Resident; continue scrolling Arizona Source IRA Deduction and I found: Qualified spouse of active duty military member and click that one.  

I hope this helps.

[BobKamman]

If there is any advice in IRS Pub 3 on how to file state income tax returns, I couldn't find it. There is a discussion of domicile as it applies to community-property rules.  

[AL23]

Hi, the Pub 3 does not give specifics in "how to" get the Military Spouse Relief works in every state. 

What I do, is whatever State is in the Service Member "soldier" W2 Box 15 is the Home of Record.  If it is convenient for the Spouse to pay taxes to the Service Member's State then I applied the Military Spouse Relief.  That is adopting the Service Member's Home of Record as own. That will automatically make her/him NR to the state showed in her/his Box 15.

Every software is different.  Some allows you to exempt the Spouse's income in the Adjustment/Subtraction Section of the States, other's to enter a (-) minus in front of the amount or to check a box Qualified Military Spouse Active Duty like in ProConnect.  

I hope this helps.