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