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The DD Form 2058, also known as the State of Legal Residence Certificate, serves as a crucial document for members of the uniformed services. Its primary purpose is to determine the correct state of legal residence for withholding state income taxes from military pay. This determination is guided by several legal statutes, including 50 U.S.C 571 and 37 U.S.C., focusing on residence for tax purposes and pay and allowances, respectively. For those looking to ensure their state income taxes are properly managed, completing this form accurately is a significant step. Click the button below to get started on filling out your form.

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The DD Form, known officially as the State of Legal Residence Certificate, serves as a pivotal document for military personnel in establishing their state of legal residence for taxation purposes. This certificate, deeply rooted in the authority granted by 50 U.S.C 571 and 37 U.S.C., is designed to ensure the accurate withholding of state income taxes from the military pay of service members. The intricacies of this form lie not just in its purpose but also in the legal implications and processes it encapsulates, such as the distinction between "legal residence" and "domicile" and their significant impact on tax withholdings and liabilities. Furthermore, the form plays a crucial role in affirming a service member's permanent home state, a decision protected under the Soldiers’ and Sailors’ Civil Relief Act, which highlights the condition that a change in legal residence/domicile does not occur solely by military orders to a new duty station. The documentation seeks to capture essential details including personal identification, domicile information, and an affirmation of understanding the legalities and requirements for a change in domicile, alongside voluntarily disclosed information for state tax purposes, underscoring the process' voluntary nature yet significant consequences if not accurately completed. With additional considerations for actions that indicate intent to change domicile such as voter registration and property purchase, the DD Form 2058, as of January 2018, merges legal, fiscal, and personal aspects to guide military members in navigating the complexities of state residency and tax obligations, ensuring compliance with applicable laws while safeguarding their rights and benefits under military service.

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STATE OF LEGAL RESIDENCE CERTIFICATE

PRIVACY ACT STATEMENT

AUTHORITY: 50 U.S.C 571, Residence for tax purposes and 37 U.S.C., Pay and Allowances of the Uniformed Services.

PURPOSE: Information is required for determining the correct State of legal residence for purposes of withholding State income taxes from military pay.

ROUTINE USES: Additional routine uses are listed in the applicable system of records notices, T7340, Defense Joint Military Pay System-Active

Component, and T7344, Defense Joint Military Pay System-Reserve Component are located at: http://dpcld.defense.gov/Privacy/SORNsIndex/DOD- Component-Notices/DFAS-Article-List/. M01040-3, Marine Corps Manpower Management Information System Records, located at http:// dpcld.defense.gov/Privacy/SORNsIndex/DOD-Component-Notices/.

DISCLOSURE: Voluntary, however, if not provided, State income taxes will be withheld based on the tax laws of the applicable State, based on your home of record.

1.NAME (Last, First, Middle Initial)

2. DOD ID NUMBER

3. LEGAL RESIDENCE/DOMICILE (City or county and State)

INSTRUCTIONS FOR CERTIFICATION OF STATE OF LEGAL RESIDENCE

The purpose of this certificate is to obtain information with respect to your legal residence/domicile for the purpose of determining the State for which income taxes are to be withheld from your "wages" as defined by Section 3401(a) of the Internal Revenue Code of 1954. PLEASE READ INSTRUCTIONS CAREFULLY BEFORE SIGNING.

The terms "legal residence" and "domicile" are essentially interchangeable. In brief, they are used to denote that place where you have your permanent home and to which, whenever you are absent, you have the intention of returning. The Soldiers’ and Sailors’ Civil Relief Act protects your military pay from the income taxes of the State in which you reside by reason of military orders unless that is also your legal residence/domicile. The Act further provides that no change in your State of legal residence/domicile will occur solely as a result of your being ordered to a new duty station.

You should not confuse the State which is your "home of record" with your State of legal residence/domicile. Your "home of record" is used for fixing travel and transportation allowances. A "home of record" must be changed if it was erroneously or fraudulently recorded initially.

Enlisted members may change their "home of record" at the time they sign a new enlistment contract. Officers may not change their "home of record" except to correct an error, or after a break in service. The State which is your "home of record" may be your State of legal residence/domicile only if it meets certain criteria.

The formula for changing your State of legal residence/domicile is simply stated as follows: physical presence in the new State with the simultaneous intent of making it your permanent home and abandonment of the old State of legal residence/domicile. In most cases, you must actually reside in the new State at the time you form the intent to make it your permanent home. Such intent must be clearly indicated. Your intent to make the new State your permanent home may be indicated by certain actions such as: (1) registering to vote; (2) purchasing residential property or an unimproved residential lot; (3) titling and registering your automobile(s); (4) notifying the State of your previous legal residence/domicile of the change in your State of legal residence/domicile; and (5) preparing a new last will and testament which indicates your new State of legal residence/domicile. Finally, you must comply with the applicable tax laws of the State which is your new legal residence/domicile.

Generally, unless these steps have been taken, it is doubtful that your State of legal residence/domicile has changed. Failure to resolve any doubts as to your State of legal residence/domicile may adversely impact on certain legal privileges which depend on legal residence/domicile including among others, eligibility for resident tuition rates at State universities, eligibility to vote or be a candidate for public office, and eligibility for various welfare benefits. If you have any doubt with regard to your State of legal residence/domicile, you are advised to see your Legal Assistance Officer (JAG Representative) for advice prior to completing this form.

I certify that to the best of my knowledge and belief, I have met all the requirements for legal residence/domicile in the State claimed above and that the information provided is correct.

I understand that the tax authorities of my former State of legal residence/domicile will be notified of this certificate.

4. SIGNATURE OF APPLICANT

5.CURRENT MAILING ADDRESS (Include Zip Code)

6.DATE (YYMMDD)

DD FORM 2058, JAN 2018

PREVIOUS EDITION IS OBSOLETE.

AEM Designer

Form Breakdown

Fact Detail
Legal Authority 50 U.S.C 571, Residence for tax purposes and 37 U.S.C., Pay and Allowances of the Uniformed Services.
Purpose Determining the correct State of legal residence for withholding State income taxes from military pay.
Routine Uses System of records notices T7340 and T7344, and Marine Corps Manpower Management Information System Records, M01040-3.
Disclosure Voluntary, but nondisclosure results in withholding taxes based on the home of record state.
Legal Residence vs. Domicile Terms are used interchangeably to denote the place considered the permanent home.
Soldiers’ and Sailors’ Civil Relief Act Protects military pay from state income taxes of the state where stationed unless it is also the legal residence/domicile.
Home of Record Used for travel allowances, can be changed under specific circumstances by enlisted members but rarely by officers.
Change in Legal Residence/Domicile Requires physical presence, intent to make the new state a permanent home, and compliance with its tax laws.
Legal Assistance Advice is recommended from a Legal Assistance Officer (JAG Representative) if there's doubt about legal residence/domicile.

Guidelines on Filling in Dd

Embarking on the task of updating your state of legal residence can feel daunting, yet it's crucial for ensuring accurate state income tax withholding from your military pay. The DD Form 2058, or the State of Legal Residence Certificate, serves as the vehicle for this update. Before leaping into the form, take a moment to consider your current situation and the state you genuinely consider your permanent home. Remember, changing your legal residence involves more than just filling out a form—it requires a physical presence in the new state paired with clear intent to make it your enduring home. Keep these considerations in mind as you navigate through the form.

  1. Read the Privacy Act Statement meticulously to understand the legal implications and uses of your personal data.
  2. Enter your Name (Last, First, Middle Initial) as required in Section 1 of the form.
  3. Proceed to Section 2 and provide your DoD ID Number, ensuring accuracy to avoid processing delays.
  4. In Section 3, carefully specify your Legal Residence/Domicile including both the city or county and state, recognizing this is the state where your income taxes will be directed.
  5. Before signing, review the instructions for certification at the bottom of the form, emphasizing the careful consideration you must give to certify your state of legal residence rightfully.
  6. Reflect on the actions you’ve taken that signify your intent to make the new state your permanent home, as these are critical in validating your legal residence claim.
  7. Section 4 requires your Signature; by signing, you verify the truthfulness of your claims and compliance with the requirements for establishing legal residence in the specified state.
  8. Fill in your Current Mailing Address including Zip Code in Section 5, ensuring it is accurate for correspondence regarding this form.
  9. Finally, date the form in Section 6 using the YYMMDD format, signifying when you completed and confirmed the accuracy of the provided information.

Once the DD Form 2058 is filled out thoroughly, it marks the beginning of your formal request to change your state of legal residence for tax purposes. This change not only impacts where your state income taxes are directed but can also affect various legal privileges based on residency. Therefore, it's advisable to double-check the form for accuracy and completion before submission. Remember, this is a significant step towards ensuring your military pay is correctly aligned with your true state of residence.

Learn More on Dd

The DD Form 2058 is used to determine the correct state of legal residence for military personnel for the purpose of withholding state income taxes from their pay. Establishing a state of legal residence ensures that taxes are accurately withheld according to the correct state's tax laws, preventing potential legal issues and helping military members comply with tax obligations.

Your state of legal residence, also known as domicile, refers to the state where you maintain a permanent home and intend to return to whenever you are away. It should not be confused with your "home of record," which is used primarily for travel and transportation allowances. To change your state of legal residence/domicile, you must be physically present in the new state and intend to make it your permanent home. Indications of this intent can include registering to vote, buying property, titling and registering vehicles in the new state, notifying the previous state of your change in residence, and updating your last will to reflect your new domicile state. Additionally, you must follow the tax laws of your new state to solidify this change.

What are the consequences of not accurately completing the DD Form 2058?

Failure to accurately complete the DD Form 2058 can lead to several consequences. State income taxes may be withheld based on incorrect information, potentially resulting in tax liabilities, penalties, or fines in either the incorrectly reported state or the correct state of legal residence. Additionally, it may affect legal privileges such as eligibility for state universities' resident tuition rates, the right to vote or run for public office in the correct state, and eligibility for state welfare benefits. It's crucial to provide correct information and consult a Legal Assistance Officer (JAG Representative) if you have any doubts.

To change your State of Legal Residence, you must first establish physical presence in the new state and then take actions that clearly demonstrate your intent to make this state your permanent home. Actions that indicate this intent include:

  1. Registering to vote in the new state.
  2. Purchasing residential property or an unimproved residential lot.
  3. Titling and registering your automobile(s) in the new state.
  4. Notifying the state of your previous legal residence/domicile of the change.
  5. Preparing a new last will and testament that indicates your new state of legal residence/domicile.

It is also essential that you comply with the tax laws of the new state to confirm the change effectively.

Where can I find more information or get assistance with the DD Form 2058?

For additional information or assistance with completing the DD Form 2058, service members are encouraged to contact their Legal Assistance Officer (JAG Representative). It's important to seek advice if there are any uncertainties regarding the state of legal residence/domicile to avoid unwanted legal or financial consequences. Additionally, the Privacy Act and routine uses of the information are detailed in the system of records notices located at the Defense Privacy, Civil Liberties, and Transparency Division's website.

Common mistakes

Filling out the DD Form 2058, also known as the State of Legal Residence Certificate, is a crucial step for military members in determining their state of legal residence for tax withholding purposes. Mistakes made during this process can lead to incorrect tax withholdings and other legal complexities. Here are five common mistakes to be aware of:

  1. Not Reading Instructions Carefully: The instructions on the form provide essential guidance on how to correctly assert one's state of legal residence. Failure to follow these instructions can result in incorrectly filled forms.
  2. Confusing "Legal Residence" with "Home of Record": Your "legal residence" or "domicile" is where you permanently live and intend to return to, while the "home of record" is primarily used for travel and transportation allowances. Mixing up these terms can cause significant issues in tax withholdings.
  3. Failing to Indicate Clear Intent: The form requires clear indications of intent to make a new state your permanent home. This can be shown through actions such as registering to vote or purchasing property in the new state. Overlooking the need to demonstrate clear intent is a common mistake.
  4. Incorrect Date Format: The form mandates dates to be in the YYMMDD format. Using a different format can lead to processing delays or errors in your record.
  5. Omitting Signature and Date: The form must be signed and dated to be valid. A missing signature or date can invalidate the entire submission, requiring you to complete the process all over again.

Avoiding these common mistakes can help ensure that the process of determining your state of legal residence for tax purposes is smooth and error-free. Always review your DD Form 2058 carefully before submission and consult a Legal Assistance Officer if you have any doubts or questions about your state of legal residence/domicile.

Documents used along the form

When military personnel complete the DD Form 2058, "State of Legal Residence Certificate," they often encounter several other documents and forms that are crucial for various administrative and legal processes. These documents serve different purposes, from tax withholding to personal information updates within the military system. Let's explore some of these important documents that often accompany the DD Form 2058.

  • DD Form 214: The "Certificate of Release or Discharge from Active Duty" is perhaps one of the most well-known forms for service members. This document is vital for proving military service and obtaining veteran benefits.
  • DD Form 93: The "Record of Emergency Data" is the form that service members use to designate beneficiaries for certain entitlements in the event of the service member's death or incapacitation.
  • LES (Leave and Earnings Statement): Although not a form, the LES is a crucial monthly statement that provides a breakdown of a service member's pay, allowances, deductions, and leave status. It is key for financial management and planning.
  • SGLV 8286: The "Servicemembers' Group Life Insurance Election and Certificate" form allows service members to elect their level of life insurance coverage and designate beneficiaries.
  • W-2 Form: Military personnel, like civilian employees, receive this wage and tax statement annually. It details the service member's salary, tax withholdings, and other payroll deductions.
  • DA Form 31: The "Request and Authority for Leave" form is used by Army personnel to request authorized leave from their post. This form is essential for planning personal time while ensuring accountability.

Together, these documents manage a wide range of military and personal functions, from financial and benefits management to emergency preparedness. They ensure that service members' affairs are in order, providing peace of mind for both the individuals and their families. Understanding how to properly complete and manage these documents is essential for a smooth and stress-free military experience.

Similar forms

The DD Form 2058, State of Legal Residence Certificate, is a specialized document primarily used within the military to determine the correct state of legal residence for tax withholding purposes. It is similar to several other forms and documents, each designed to collect specific information for various purposes, such as tax, employment, or personal identification. Below, we explore documents that share similarities with the DD Form 2058 in terms of their functions or the information they gather.

  • W-4 Form - The Employee's Withholding Certificate is used by employers to determine the amount of federal income tax to withhold from an employee's paycheck. Like the DD Form 2058, it takes into account the individual's residency and tax-related details to ensure accurate tax withholding.
  • Voter Registration Forms - Used to register individuals to vote, these forms often collect information on state residency, mirroring the DD Form 2058's requirement to determine state legal residence for tax purposes.
  • State Tax Withholding Forms - Similar to the DD Form 2058, many states have their own version of tax withholding forms meant to indicate a resident's tax status and ensure proper state tax is deducted from income.
  • IRS Form 8822 - Change of Address form for the Internal Revenue Service is used to notify the IRS about a change in address, much like how the DD Form 2058 might indicate a change in state of legal residence for tax purposes.
  • DMV Registration Forms - Department of Motor Vehicles registration forms include details about residency for vehicle and driver's licensing purposes, paralleling the DD Form 2058's use of residency for determining state tax withholdings.
  • College and University Residency Declaration Forms - Used to determine eligibility for in-state tuition, these forms require detailed information about a student's legal residence, similar to the DD form's purpose of establishing state residency for tax reasons.
  • US Passport Application (DS-11) - While serving a different primary purpose, this form requires detailed residency information, akin to the DD Form 2058's requirement for determining state of legal residence.
  • Employment Eligibility Verification (Form I-9) - This form is used to verify the identity and employment authorization of individuals hired for employment in the United States, including information that can indicate residency status.
  • Application for Social Security Card (SS-5) - This application requires information on current and previous residences, similar to how the DD Form seeks to establish legal residence for tax withholding.
  • Change of Beneficiary Forms (Various) - Frequently used in insurance and retirement accounts, these forms might require updates to legal residence information, reflecting a change in state residency similar to what the DD Form 2058 might document.

Each of these documents, while serving diverse purposes, shares the commonality of requiring detailed personal information that often includes residence or domicile data, much like the DD Form 2058 does for military personnel in determining state of legal residence for tax purposes.

Dos and Don'ts

When filling out the DD Form 2058, also known as the State of Legal Residence Certificate, it is crucial to approach the task with a clear understanding of what is required. This form plays a significant role in determining the state of legal residence for withholding state income taxes from military pay. To ensure accuracy and prevent potential legal complications, here are 10 essential dos and don'ts:

  • Do read all the instructions carefully before starting to fill out the form. Understanding the purpose and requirements will guide you in providing accurate information.
  • Do know the difference between "legal residence/domicile" and "home of record," as these terms have specific meanings and implications for tax purposes and benefits.
  • Do provide all the required information such as your name, DOD ID number, and current mailing address accurately to avoid delays or issues.
  • Do ensure that you have a clear intent to make your declared state your permanent home. Actions like registering to vote and purchasing property can support this intent.
  • Do consult with a Legal Assistance Officer (JAG Representative) if you have any doubts about your state of legal residence/domicile. They can provide valuable advice and ensure you're making informed decisions.
  • Don't confuse your "home of record" with your state of legal residence/domicile. The distinction is significant, especially regarding your rights and obligations under state tax laws.
  • Don't rush through the form without verifying all the information you provide. Errors can have legal and financial consequences.
  • Don't neglect to notify the state of your previous legal residence/domicile about the change. This notification is an important step in establishing your new domicile.
  • Don't sign the form without certainty that all the information is correct and that you comply with the tax laws of your new state of legal residence.
  • Don't underestimate the importance of the Privacy Act Statement. Understanding how your personal information is used and protected is crucial.

By following these guidelines, filling out the DD Form 2058 can be a straightforward process. Always remember the significance of this document and the impact it has on your legal and financial responsibilities as a servicemember. When in doubt, seeking advice from a legal professional is always a prudent step.

Misconceptions

When it comes to understanding the DD Form, particularly the State of Legal Residence Certificate, several misconceptions often arise. Clarifying these misunderstandings is crucial for military personnel to make well-informed decisions regarding their state of legal residence for tax purposes. Here are five common misconceptions:

  • It's the same as changing your home of record. A common misconception is that the DD Form affects an individual's home of record. However, the home of record is designated at the time of entering service, primarily for determining travel and transportation allowances. Unlike changing your state of legal residence, changing your home of record is significantly restricted and typically only allowed to correct an error or after a break in service.
  • Physical presence in a state isn't necessary to change your legal residence. In reality, one of the critical requirements for changing your state of legal residence/domicile is physical presence in the new state with the intent of making it your permanent home. Without establishing physical presence and showing intent to reside indefinitely, it's challenging to legitimately claim a new state as your legal residence.
  • Military orders automatically change your state of legal residence. Another common misunderstanding is that being stationed in a new state due to military orders automatically changes your state of legal residence. The Soldiers’ and Sailors’ Civil Relief Act prevents a change in legal residence due to military orders. You must actively choose and fulfill specific criteria to change your legal state of residence.
  • Submitting the DD Form is the only step needed to change your legal residence. Submitting this form is an essential step in the process, but it's not the only action required. Demonstration of intent to make the new state your permanent home through actions like registering to vote, purchasing property, and complying with the state's tax laws are also necessary to solidify the change in residency.
  • Failure to change your legal residence has minimal impacts. This misconception underestimates the potential repercussions of not properly establishing your state of legal residence. The choice of legal residence affects eligibility for state-specific privileges, such as resident tuition rates at universities, eligibility to vote or run for public office, and access to state welfare benefits. Incorrect legal residency can lead to adverse legal and financial consequences.

Clarifying these misconceptions can help ensure that military personnel properly understand the implications and requirements of the DD Form regarding their state of legal residence. It's about making informed decisions that align with both legal requirements and personal circumstances.

Key takeaways

Understanding the intricacies of the DD Form 2058, or the State of Legal Residence Certificate, is crucial for individuals in the military seeking to establish their state of legal residence for tax purposes. Here are several key takeaways to consider:

  • The form is anchored in US Code, specifically 50 U.S.C 571 and 37 U.S.C., underscoring its legal basis for determining the appropriate state for tax withholding from military pay.
  • The primary purpose of this form is to accurately determine an individual's legal residence or domicile, which in turn affects state income tax withholding from military wages.
  • Disclosure on this form is voluntary, but omitting this information could lead to state income taxes being withheld based on an individual's home of record, possibly leading to incorrect tax withholdings.
  • The distinction between "legal residence" and "domicile" is central to this form, both terms referring to the place considered one's permanent home. This distinction is critical for military personnel, whose place of residence may frequently change due to orders.
  • Actions that may demonstrate intent to make a new state one's permanent home include registering to vote, purchasing property, and revising personal legal documents to reflect the new state of residence. These actions provide a clear indication of an individual's intent, an essential element in establishing domicile.
  • Consultation with a Legal Assistance Officer (JAG Representative) is advised for individuals uncertain about their state of legal residence. This step is vital for ensuring that all requirements for establishing domicile are met and correctly reflected on the form.

Completing the DD Form 2058 with accurate and thoughtful consideration of these elements is essential for military members. It ensures compliance with tax laws and secures the correct application of state-specific legal privileges and responsibilities.

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