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Establishing Residency

Marine86

New Member
Just moved to Florida and am stationed at NAS Pensacola. I want to change my residency to Florida for the tax benefit (no state tax - Maryland creamed me this past year). How do I do it? Thanks.
 

Fog

Old RIOs never die: They just can't fast-erect
None
Contributor
I think you accomplish it when you transfer your driver's license & register to vote at the state license & tag offices. They'll collect some taxes from you at that time (auto related), so that should make you a bona fide resident.
 

eas7888

Looking forward to some P-8 action
pilot
Contributor
I think you meant to say you wanted to become a Florida resident for the Disney World perks. :)
 

SynixMan

In Dwell
pilot
Contributor
Go to Janey Holley tax collector on the main drive into NAS PCola (next to the WalMart). Bring orders, a lease and utility bill showing residency there. You'll get your Drivers License, register to vote, etc. Bring your FL DL to admin at NASC and fill out form to change your state of residency to FL. Boom, no taxes.
 

fattestfoot

In it for the naked volleyball
That's weird. In basic training for the Army, they just had some short DD form to fill out. You just gave an address in the state you wanted residency.
 

OnTopTime

ROBO TACCO
None
That's weird. In basic training for the Army, they just had some short DD form to fill out. You just gave an address in the state you wanted residency.

DD Form 2058. Simply completing this form won't make you a resident of any particular state in the eyes of the law (state tax authorities). All it will do is tell DFAS what state to withhold state income taxes for (if applicable). In order to actually change state residency, you need to do the things already mentioned: register to vote, register a car, get a drivers license. Doing these things establish intent to become a resident of your new state.
 

BACONATOR

Well-Known Member
pilot
Contributor
I think you accomplish it when you transfer your driver's license & register to vote at the state license & tag offices. They'll collect some taxes from you at that time (auto related), so that should make you a bona fide resident.

Technically speaking, you can do this. However, legally speaking, military members can be state residents while having drivers licenses from other states. So by the book, you need to go to admin (via student control, if you're in API) and change your legal state of residence in the Navy. Because that state of residence that shows on your LES is technically where you live... NOT where you hold a license.
 

OnTopTime

ROBO TACCO
None
Technically speaking, you can do this. However, legally speaking, military members can be state residents while having drivers licenses from other states. So by the book, you need to go to admin (via student control, if you're in API) and change your legal state of residence in the Navy. Because that state of residence that shows on your LES is technically where you live... NOT where you hold a license.

Not true.
You can get the DD form, fill in any address and state that you want, even someplace that you've never been to and never will go to, and turn it in to Admin/PSD. The Navy won't verify anything, and your LES and DFAS state tax withholding will reflect what you put on the form. This process doesn't necessarely have anything to do with either where you "technically" live or your actual state of legal residence. Filling out the DD form doesn't legally make you a resident of the state that you write on the form- in order to become a resident of a particular state, you need to take actions that show your intent to establish residency in that state.

You are right in that you don't have to have a driver's license from the state that you are claiming as your state of legal residence. However, in order to claim residency in a given state, you need to show that you have substantial ties to that state, and that can be done in a number of different ways, having a driver's license being only one. If you don't have a license from your residency state, though, you better have most of the other bases covered.
 

HueyHornet75

Registered User
pilot
Either way, you need to fill out Change in Residency Form AND probably a new W-4. Then look at your next two LESs to verify that the state you want (FL) is listed. If it's not, go back to admin and make sure that they changed your state in the computer, not just filed your forms away in your OQR. This is from experience.
 

BACONATOR

Well-Known Member
pilot
Contributor
Not true.
You can get the DD form, fill in any address and state that you want, even someplace that you've never been to and never will go to, and turn it in to Admin/PSD. The Navy won't verify anything, and your LES and DFAS state tax withholding will reflect what you put on the form. This process doesn't necessarely have anything to do with either where you "technically" live or your actual state of legal residence. Filling out the DD form doesn't legally make you a resident of the state that you write on the form- in order to become a resident of a particular state, you need to take actions that show your intent to establish residency in that state.

You are right in that you don't have to have a driver's license from the state that you are claiming as your state of legal residence. However, in order to claim residency in a given state, you need to show that you have substantial ties to that state, and that can be done in a number of different ways, having a driver's license being only one. If you don't have a license from your residency state, though, you better have most of the other bases covered.

I don't know. When I filed my taxes, I checked out the "fine print" and it said that for military, state taxes were filed according to what your military state of residence is.

As for being able to file the DD form for residence anywhere.... not true. At least not here. My roommate tried to change his residency to FL and PSD told him no.... because he lives HERE now. Sounds like your experience is with PS/YNs who didn't do their job. I remember I changed my residence to FL ... before I winged while I was still there, because admin told me I had to do it while I lived there.
 

OnTopTime

ROBO TACCO
None
I don't know. When I filed my taxes, I checked out the "fine print" and it said that for military, state taxes were filed according to what your military state of residence is.

Your state of legal residence (not your "military state of residence," whatever that is), is not determined by what you put on the DD form, it's determined by the actions that you take to actually establish residency in a state. The DD form only informs DFAS what you want them to do for state tax withholding. Read the actual form that is linked on one of my posts above.

As for being able to file the DD form for residence anywhere.... not true. At least not here. My roommate tried to change his residency to FL and PSD told him no.... because he lives HERE now. Sounds like your experience is with PS/YNs who didn't do their job. I remember I changed my residence to FL ... before I winged while I was still there, because admin told me I had to do it while I lived there.

I'm not sure where HERE is, but any active duty military is not considered a legal resident of the state that they are currently in simply by virtue of having orders to be there. PS/YNs shouldn't be telling any active duty perosn that they can't complete a new DD Form 2058 because they're "here now."
 

BACONATOR

Well-Known Member
pilot
Contributor
Your state of legal residence (not your "military state of residence," whatever that is), is not determined by what you put on the DD form, it's determined by the actions that you take to actually establish residency in a state. The DD form only informs DFAS what you want them to do for state tax withholding. Read the actual form that is linked on one of my posts above.


I'm not sure where HERE is, but any active duty military is not considered a legal resident of the state that they are currently in simply by virtue of having orders to be there. PS/YNs shouldn't be telling any active duty perosn that they can't complete a new DD Form 2058 because they're "here now."

Read this About.com article to see what point i was trying to make, because I obviously wasn't very clear in the way I wrote it. Bottom line: SCRA allows you to be a resident of a state you're not stationed in, but where you intent to retire when you leave the service. It doesn't require you to get a driver's license in that state to pay taxes in that state.

http://usmilitary.about.com/cs/militarylaw1/a/homeofrecord.htm
 
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