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Author: bande2 Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121219  
Subject: State Residency of Military Spouse for Taxes Date: 3/20/2003 6:02 AM
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Hi All,

I am the spouse of an Active Duty member and am trying to determine which state I am a resident of so that I can do my taxes correctly. I posted this on the Military Fools board and, along with some advice, it was suggested I post my questions on this board. I'll appreciate any help and/or direction to references you can give.

First of all, my husband has his home of record as Vermont and has paid Vermont state taxes on his non-military pay since he has been on active duty.

Jan-May 1, 2002: My husband's duty station was in California, and we both lived there.

May 2, 2002-Present: We PCSed to Naples, Italy, and are living here.

I did not earn income as an employee at any time during 2002, but there are several things that did happen:

June 2002: I converted a traditional IRA to a Roth IRA and therefore have to pay taxes on the amount I converted.

December 2002: I received a patent royalty check that gets reported on a 1099 form.

December 2002: I sold some stocks and will take a capital loss.

Also, my husband and I earned interest on a joint savings account (<$150 in interest) in 2002.

I know there are a lot of spouses who have to make the same residency decisions when it comes to tax time. I have been to the tax centers at two different bases and have not gotten a solid answer about the residency of a spouse question. If you know of any guidlines or references for military spouses and taxes, I'd appreciate that too!

My questions:
1. Do I have to file California taxes? I did not convert the IRA, receive the patent check, or sell the stocks until after we had moved away from CA. Some of the interest was earned while living in CA, however.

2. After moving overseas, am I now a resident of any state? Do I have to file state taxes while living overseas? I did not work in 2002, but I did convert the Roth, etc., which require that taxes be paid. Some background information: I do not own property in any state. My husband owns the car. I have a CA driver's license.

Thanks for your help!

Emily Marciniak
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