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The DD Form 2058, also known as the State of Legal Residence Certificate, plays a crucial role for military personnel in determining the correct state for withholding income taxes from their pay. This form is governed by the legal authorities outlined in 50 U.S.C. 571 and 37 U.S.C., which relate to residence for tax purposes and military pay and allowances, respectively. By completing this form, service members provide essential information, including their name, DOD ID number, and current legal residence or domicile. The purpose of the form is to establish a clear legal residence that dictates tax obligations, ensuring that income taxes are withheld appropriately based on the state where the service member claims residency. It is important to note that while the completion of this form is voluntary, failing to provide accurate information may result in state income taxes being withheld according to the tax laws of the service member's home of record. The form also includes instructions for certification, emphasizing the distinction between "legal residence" and "home of record," as well as the criteria for changing one's state of legal residence. The Soldiers’ and Sailors’ Civil Relief Act offers protections for military pay against state income taxes, but only if the service member's legal residence aligns with their military orders. Understanding the implications of this form is vital, as it affects various legal privileges, including eligibility for resident tuition rates and voting rights. Therefore, it is advisable for individuals to consult with a Legal Assistance Officer if they have any uncertainties regarding their legal residence status before completing the DD Form 2058.

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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 Specifications

Fact Name Details
Authority 50 U.S.C. 571 and 37 U.S.C. govern the use of this form for tax purposes.
Purpose This form helps determine the correct State of legal residence for withholding State income taxes from military pay.
Routine Uses Additional uses are detailed in system of records notices T7340 and T7344.
Disclosure Providing information is voluntary. However, withholding will occur based on the applicable State tax laws if not provided.
Legal Residence Definition Legal residence and domicile refer to your permanent home, where you intend to return.
Home of Record Your home of record is distinct from your legal residence and is used for travel allowances.
Change of Residence To change your legal residence, you must physically reside in the new State and intend to make it your permanent home.
Legal Assistance If uncertain about your legal residence, consult a Legal Assistance Officer before completing the form.

Dd: Usage Guidelines

Filling out the DD Form is essential for establishing your legal residence for tax purposes. Completing this form accurately ensures that the correct state income taxes are withheld from your military pay. Follow these steps carefully to ensure your information is recorded correctly.

  1. Begin by entering your full name in the designated field (Last, First, Middle Initial).
  2. Provide your DOD ID number in the next section.
  3. Fill in your legal residence/domicile information, including the city or county and state.
  4. Sign the form in the section labeled signature of applicant.
  5. Enter your current mailing address, ensuring you include the ZIP code.
  6. Finally, write the date in the format YYMMDD.

Once completed, review the form for accuracy. Ensure that all required fields are filled out properly before submitting it to the appropriate authority. This will help prevent any delays in processing your tax withholding status.

Your Questions, Answered

What is the purpose of the DD Form 2058?

The DD Form 2058 is used to establish your State of legal residence for tax purposes. This form helps determine the correct state income tax withholding from your military pay. By providing accurate information, you ensure that taxes are withheld according to the state where you legally reside, rather than where you might be stationed temporarily.

Who needs to fill out the DD Form 2058?

Active duty military members and certain reserve personnel should complete the DD Form 2058. If you are a service member and want to clarify your legal residence for tax withholding purposes, this form is essential. It is particularly important for those who move frequently due to military orders, as it helps establish a clear legal residence that is protected from state income taxes based on military orders.

What information is required on the DD Form 2058?

To complete the DD Form 2058, you will need to provide your name, DOD ID number, legal residence or domicile (including city or county and state), current mailing address, and your signature. Additionally, the form requires the date you are submitting it. Each piece of information is crucial for determining your legal residence accurately.

How does the Soldiers’ and Sailors’ Civil Relief Act affect my state taxes?

This Act protects military personnel from being taxed by the state where they are stationed due to military orders. If your legal residence is different from your duty station, your military pay should not be subject to that state's income taxes. However, if your duty station is also your legal residence, you may be liable for state taxes. Understanding this distinction is vital for tax planning and compliance.

What happens if I do not submit the DD Form 2058?

If you choose not to submit the DD Form 2058, state income taxes will be withheld based on the tax laws of your home of record. This could lead to higher tax withholdings than necessary, potentially resulting in a larger tax bill or a delayed refund when you file your taxes. It's in your best interest to provide accurate information to avoid any complications.

How can I change my state of legal residence?

Changing your state of legal residence requires both physical presence in the new state and the intent to make it your permanent home. You must take specific actions to demonstrate this intent, such as registering to vote, purchasing property, or notifying your previous state of residence. If you have doubts about your legal residence status, consulting with a Legal Assistance Officer is advisable before completing the form.

What should I do if I have questions about the DD Form 2058?

If you have any questions or uncertainties regarding the DD Form 2058, it's best to consult with a Legal Assistance Officer or a JAG representative. They can provide guidance tailored to your situation and help ensure that you complete the form correctly. Proper understanding and completion of the form can save you from potential tax issues in the future.

Common mistakes

  1. Incomplete Name Information: Failing to provide the full name, including last name, first name, and middle initial, can lead to processing delays.

  2. Incorrect DOD ID Number: Entering an incorrect Department of Defense ID number can result in confusion and may prevent the form from being processed.

  3. Misunderstanding Legal Residence: Confusing "home of record" with "legal residence/domicile" can lead to incorrect information being submitted.

  4. Neglecting to Certify: Forgetting to sign the certification statement at the end of the form can invalidate the submission.

  5. Missing Current Mailing Address: Not providing a complete mailing address, including the zip code, may hinder communication from tax authorities.

  6. Improper Date Format: Using an incorrect date format when entering the date can lead to processing errors.

  7. Ignoring Instructions: Not reading the instructions carefully before filling out the form can result in multiple errors.

  8. Failing to Seek Assistance: Not consulting a Legal Assistance Officer when in doubt about residency can lead to missteps that affect tax obligations.

Documents used along the form

The DD Form is an essential document for military personnel that helps determine their state of legal residence for tax purposes. Along with the DD Form, several other forms and documents are commonly used to ensure compliance with military regulations and state laws. Below is a list of six such documents that may be relevant.

  • DD Form 220: This form is used to record the active duty service of a member of the military. It serves as a verification of service dates and is often required for various benefits and entitlements.
  • DD Form 214: This is a critical document that summarizes a service member's military career upon discharge. It includes information such as the character of service, dates of service, and awards received, which may be necessary for veterans' benefits.
  • DD Form 1172-2: This form is used to apply for identification cards for dependents of military personnel. It ensures that eligible family members receive the necessary benefits and access to military facilities.
  • DA Form 31: Known as the Request and Authority for Leave, this form is used by service members to request leave from duty. It must be approved by a commanding officer and is essential for maintaining accurate records of military service.
  • SF 180: The Standard Form 180 is used to request military records. Veterans and their families often use this form to obtain copies of service records for various purposes, including benefits claims.
  • W-4: This is the Employee's Withholding Certificate form used for federal income tax withholding. Military personnel may need to complete this form to ensure the correct amount of federal taxes is withheld from their paychecks.

Understanding these forms can help military personnel navigate their legal and tax obligations more effectively. Each document serves a specific purpose and plays a role in ensuring that service members and their families receive the benefits they are entitled to while complying with regulations.

Similar forms

  • DD Form 2058: Like the DD Form, this form is used to establish a service member's legal residence for tax purposes. It also helps determine state income tax withholding from military pay.
  • State Tax Withholding Form: Similar in purpose, this form is typically used by civilians to declare their state of residence for tax withholding. It ensures the correct state income tax is deducted from their paychecks.
  • W-4 Form: This IRS form allows employees to indicate their tax situation to their employer. It helps determine the amount of federal income tax to withhold, similar to how the DD Form addresses state taxes.
  • Form 8832: This form is used by entities to elect their classification for federal tax purposes. While it serves a different audience, it also involves declarations that affect tax obligations.
  • Certificate of Residency: This document is used to prove a person's legal residency in a state. It functions similarly by establishing residency for tax purposes.
  • Voter Registration Form: This form indicates a person’s legal residence for voting purposes. It shares the concept of residency with the DD Form, impacting rights and obligations.
  • Application for State Benefits: This application often requires proof of residency to qualify for state benefits, much like the DD Form's role in tax withholding.

Dos and Don'ts

When filling out the DD Form, there are several important things to keep in mind. Here’s a helpful list of what you should and shouldn’t do:

  • Do read the instructions carefully before you start filling out the form.
  • Do provide accurate and complete information to avoid any issues with your legal residence status.
  • Do ensure that your name is written clearly, including your last name, first name, and middle initial.
  • Do double-check your DOD ID number for accuracy.
  • Don’t confuse your "home of record" with your legal residence/domicile; they are not the same.
  • Don’t forget to sign the form; your signature is required for certification.
  • Don’t leave out your current mailing address, including the zip code, as it is necessary for communication.

Following these guidelines will help ensure that your DD Form is filled out correctly and efficiently.

Misconceptions

Misconceptions about the DD Form 2058 can lead to confusion regarding its purpose and requirements. Here are six common misunderstandings:

  • The DD Form 2058 is mandatory for all military personnel. Many believe that every service member must fill out this form. In reality, while it is required for determining state tax withholding, it is voluntary. If you do not submit it, state income taxes will be withheld based on your home of record.
  • Legal residence and home of record are the same. This is a frequent misconception. Your home of record is where you are from, often established at the time of enlistment. Legal residence, however, is where you intend to make your permanent home, which can change based on your circumstances.
  • Changing your legal residence is easy. Some think they can simply declare a new state as their legal residence without any supporting actions. To change your legal residence, you must demonstrate physical presence and intent to stay permanently in the new state, along with taking specific actions to indicate that intent.
  • Filling out the DD Form 2058 guarantees tax benefits. Completing the form does not automatically ensure you will receive tax benefits. You must also meet the legal requirements for residency in the new state, and failure to do so may lead to complications.
  • Once I fill out the form, I don’t have to worry about my legal residence again. This is misleading. Your legal residence can change based on your life circumstances, and it’s essential to keep your information updated. If you move or your situation changes, you may need to re-evaluate your legal residence.
  • The DD Form 2058 is only for active duty members. Many believe that only active duty personnel need to complete this form. However, reservists and members of the National Guard may also need to use it when determining their state of legal residence for tax purposes.

Understanding these misconceptions can help service members navigate their tax responsibilities more effectively and ensure compliance with state laws.

Key takeaways

Filling out the DD Form 2058 is an important process for military personnel. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The form helps determine your legal residence for state income tax withholding from military pay.
  • Voluntary Disclosure: Providing the information is voluntary, but failing to do so may result in state taxes being withheld based on your home of record.
  • Legal Residence vs. Home of Record: Your legal residence is where you intend to return, while your home of record is used for travel allowances. They are not the same.
  • Intent to Change: To change your legal residence, you must physically reside in the new state and demonstrate intent through actions like registering to vote or buying property.

By keeping these points in mind, you can ensure that you fill out the DD Form correctly and understand its implications for your tax situation.