Dd PDF Template

The DD Form 2058 is a crucial document used by military personnel to establish their State of Legal Residence for tax purposes. This form helps determine the appropriate state income tax withholding from military pay, ensuring that service members comply with tax laws while receiving their benefits. Understanding how to fill out this form correctly is essential for maintaining your financial responsibilities and legal rights.

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Article Guide

The DD Form 2058, known as the State of Legal Residence Certificate, plays a crucial role in determining the appropriate state for withholding income taxes from military pay. This form is essential for service members as it establishes their legal residence or domicile, which is necessary for tax purposes. The form is governed by specific legal authorities, including 50 U.S.C. 571 and 37 U.S.C., which outline the requirements for tax withholding. Completing this form is voluntary, but failing to provide accurate information may result in state income taxes being withheld based on the service member's home of record, rather than their actual legal residence. The form includes sections for personal identification, such as name and DOD ID number, and requires the applicant to certify their state of legal residence. It is important to note that the terms "legal residence" and "domicile" are interchangeable, referring to the permanent home to which an individual intends to return. Additionally, the Soldiers’ and Sailors’ Civil Relief Act offers protections for military pay from state taxes based on military orders, further complicating the understanding of residence status. The form also highlights the distinction between "home of record" and "legal residence," emphasizing that a service member's home of record is primarily for travel and transportation allowances. To change one’s state of legal residence, specific criteria must be met, including physical presence in the new state and the intent to establish it as a permanent home. Various actions, such as registering to vote or purchasing property, can demonstrate this intent. Misunderstandings regarding legal residence can lead to significant implications, including eligibility for benefits and voting rights. Therefore, service members are encouraged to seek guidance from a Legal Assistance Officer if they have any doubts about their legal residence status.

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DD FORM 2058, JAN 2018

PREVIOUS EDITION IS OBSOLETE.

AEM Designer

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)

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File Properties

Fact Name	Details
Governing Authority	50 U.S.C 571 and 37 U.S.C. govern the legal residence certificate.
Purpose	The form determines the correct State for withholding State income taxes from military pay.
Voluntary Disclosure	Providing information is voluntary; however, failure to do so results in tax withholding based on home of record.
Legal Terms	"Legal residence" and "domicile" are interchangeable terms used to define a permanent home.
Protection Under Law	The Soldiers’ and Sailors’ Civil Relief Act protects military pay from State income taxes if the State of residence is due to military orders.
Home of Record	The "home of record" is distinct from the State of legal residence and is used for travel allowances.
Changing Legal Residence	To change legal residence, one must physically reside in the new State and intend to make it their permanent home.
Legal Assistance	Consult a Legal Assistance Officer (JAG Representative) if uncertain about legal residence or domicile.

Instructions on Utilizing Dd

Filling out the DD Form 2058 is an important step in ensuring that your state income taxes are withheld correctly from your military pay. By providing accurate information, you help determine your legal residence for tax purposes. Below are the steps to guide you through the process of completing this form.

Enter Your Name: Write your last name, first name, and middle initial in the designated space.
Provide Your DOD ID Number: Fill in your Department of Defense Identification Number accurately.
Indicate Your Legal Residence/Domicile: Clearly state the city or county and state that you consider your legal residence or domicile.
Sign the Form: In the signature section, sign your name to certify that the information provided is correct to the best of your knowledge.
Current Mailing Address: Include your complete mailing address, ensuring to add your zip code.
Date the Form: Write the date in the format YYMMDD.

Once you've completed these steps, review the form for accuracy before submitting it to the appropriate authority. This ensures that your state income tax withholding aligns with your legal residence, avoiding potential issues down the line.

Important Facts about Dd

What is the purpose of the DD Form 2058?

The DD Form 2058, also known as the State of Legal Residence Certificate, is used to determine the correct state for withholding state income taxes from military pay. This form helps ensure that military personnel are taxed appropriately based on their legal residence rather than their home of record, which can differ.

Who is required to complete the DD Form 2058?

Active duty military members and reservists are required to complete the DD Form 2058. It is essential for those who want to establish or confirm their state of legal residence for tax purposes. Completing this form is especially important for service members who may be stationed in different states due to military orders.

What information is needed to fill out the DD Form 2058?

To complete the DD Form 2058, you will need to provide your name, DOD ID number, legal residence or domicile (city or county and state), current mailing address, and your signature. Additionally, you must date the form to confirm when it was completed.

What does "legal residence" mean in the context of the DD Form 2058?

Legal residence refers to the place where you have established your permanent home. It is the state to which you intend to return whenever you are absent. This is distinct from your "home of record," which is used for travel and transportation allowances.

Can I change my state of legal residence while on active duty?

Yes, you can change your state of legal residence while on active duty. However, certain criteria must be met. You need to physically reside in the new state and demonstrate intent to make it your permanent home. Actions such as registering to vote or purchasing property can help indicate this intent.

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

If you do not complete the DD Form 2058, state income taxes will be withheld based on the tax laws of your home of record. This may not reflect your actual legal residence, which could lead to incorrect tax withholdings and potential financial implications.

What are the consequences of incorrectly claiming my state of legal residence?

Incorrectly claiming your state of legal residence can lead to various issues, including ineligibility for resident tuition rates at state universities, difficulties voting or running for public office, and complications with welfare benefits. It is crucial to ensure the accuracy of the information provided on the form.

How can I establish my intent to change my legal residence?

Intent to change your legal residence can be established through several actions. These include registering to vote in the new state, purchasing or leasing a home, titling your vehicles in the new state, notifying your previous state of residence, and creating a new will that reflects your new legal residence.

What should I do if I have doubts about my legal residence?

If you have any doubts regarding your legal residence, it is advisable to consult with your Legal Assistance Officer or a JAG representative. They can provide guidance and help clarify your situation before you complete the DD Form 2058.

Common mistakes

Filling out the DD Form 2058 can be straightforward, but many people make common mistakes that can lead to delays or complications. One frequent error is not providing the full name as requested. The form asks for the last name, first name, and middle initial. Omitting any part can cause confusion and may require the form to be resubmitted.

Another mistake involves the DOD ID number. Some individuals forget to include this number or mistakenly enter it incorrectly. This number is crucial for identification purposes, and any inaccuracies can result in processing delays.

People often confuse their legal residence with their home of record. It’s important to remember that these are not the same. The legal residence is where you intend to return, while the home of record is used for travel allowances. Failing to distinguish between the two can lead to incorrect tax withholding.

Additionally, some applicants do not provide a current mailing address. This information is necessary for communication regarding the form. Without it, important updates or requests for additional information may not reach you.

Another common oversight is neglecting to sign and date the form. A signature indicates that you certify the information is correct, and without it, the form may be considered incomplete. Remember, the date is also important for processing.

Some individuals may not read the instructions carefully before signing. The instructions clarify what is required for certification of legal residence. Skipping this step can lead to misunderstandings about what information is needed.

Moreover, individuals sometimes fail to indicate their intent to make a new state their permanent home. This intent should be shown through actions like registering to vote or purchasing property. Without clear evidence of intent, it may be difficult to establish a change in legal residence.

Lastly, it’s essential to consult with a Legal Assistance Officer if there’s any doubt about your legal residence. Many people overlook this step, which can lead to complications down the line. Seeking guidance can help ensure that the form is filled out correctly and that all necessary information is provided.

Documents used along the form

The DD Form is an essential document for military personnel, specifically for determining the correct state of legal residence for tax purposes. Along with this form, several other documents may also be required to ensure compliance with tax laws and regulations. Below is a list of commonly used forms and documents that often accompany the DD Form.

DD Form 2058: This form is used to establish a service member's state of legal residence for tax purposes. It helps determine the appropriate state income tax withholding from military pay.
W-4 Form: The Employee's Withholding Certificate is used by employees to indicate their tax situation to their employer. This form helps employers withhold the correct amount of federal income tax from paychecks.
State Tax Forms: Each state has its own tax forms that may be required for filing state income taxes. These forms vary by state and are necessary for reporting income and calculating tax obligations.
Form 1040: This is the U.S. Individual Income Tax Return form. It is used by individuals to report their income, calculate taxes owed, and claim refunds for overpayment.
Legal Residence Affidavit: This document may be required to provide sworn statements regarding a person's legal residence. It can help clarify any disputes regarding residency status.
Power of Attorney: This legal document allows one person to act on behalf of another in legal matters. It can be useful for military personnel who may need someone to handle their affairs while they are deployed.

Each of these documents plays a vital role in ensuring that military personnel meet their tax obligations and maintain compliance with state laws. It is important to understand the purpose of each form and to complete them accurately to avoid any potential legal issues.

Similar forms

The DD Form 2058, also known as the State of Legal Residence Certificate, serves a specific purpose in determining the correct state for withholding state income taxes from military pay. There are several other documents that share similarities with the DD Form 2058 in terms of their purpose and function. Below are four such documents:

W-4 Form: The IRS W-4 form is used by employees to indicate their tax situation to their employer. Like the DD Form 2058, it helps determine the amount of tax withheld from wages. Both forms require personal information and aim to ensure compliance with tax laws.
State Residency Affidavit: This document is often used to declare residency for state tax purposes. Similar to the DD Form 2058, it establishes a person's legal residence, which affects tax obligations. Both documents emphasize the importance of accurate residency information.
Voter Registration Application: A voter registration application is used to register to vote in a specific state. This document, like the DD Form 2058, requires proof of residency and indicates a person's intent to make a particular state their permanent home.
Change of Address Form (USPS): The United States Postal Service (USPS) Change of Address form allows individuals to notify the postal service of a change in their residence. This form, like the DD Form 2058, reflects a change in legal residence and requires the individual to affirm their new address.

Each of these documents plays a crucial role in establishing residency and ensuring compliance with relevant laws, much like the DD Form 2058.

Dos and Don'ts

When filling out the DD Form, there are important guidelines to follow. Here are seven things you should and shouldn't do:

Do read the instructions carefully before signing the form.
Do provide your full name, including last name, first name, and middle initial.
Do ensure your DOD ID number is accurate and complete.
Do clearly state your legal residence or domicile, including the city or county and state.
Don't confuse your "home of record" with your legal residence/domicile.
Don't leave any sections blank; incomplete forms may delay processing.
Don't forget to sign and date the form before submitting it.

Following these guidelines will help ensure your form is processed smoothly and correctly.

Misconceptions

Understanding the DD Form can be challenging due to various misconceptions. Here are ten common misunderstandings about this important document:

The DD Form is mandatory for all military personnel. Many believe that all service members must fill out the DD Form. However, it is only required for those who wish to establish their legal residence for tax purposes.
Filling out the DD Form guarantees tax exemption. While the form helps determine the correct state for tax withholding, it does not automatically exempt individuals from state income taxes.
Your home of record is the same as your legal residence. This is a common misconception. Your home of record is where you were initially recorded, while your legal residence is where you intend to permanently live.
Changing your duty station changes your legal residence. A change in duty station does not automatically alter your legal residence. Intent and physical presence in a new state are crucial for this change.
Any state can be chosen as legal residence. You cannot simply choose any state as your legal residence. It must be a state where you have established physical presence and the intent to remain.
The DD Form can be completed without documentation. Supporting documentation is often necessary to prove your intent to establish legal residence in a new state.
Once you fill out the DD Form, it cannot be changed. The form can be updated if your legal residence changes, provided you meet the necessary criteria.
Legal Assistance Officers are not needed for DD Form questions. Consulting a Legal Assistance Officer is advisable if you have questions or uncertainties regarding your legal residence.
All military members have the same tax obligations. Tax obligations can vary widely based on individual circumstances, including state laws and legal residence.
The DD Form is only for active-duty members. Reserve members and certain retired personnel may also need to complete the DD Form for tax purposes.

Addressing these misconceptions can help ensure that military personnel correctly navigate the complexities of legal residence and tax obligations.

Key takeaways

Filling out and using the DD Form 2058, State of Legal Residence Certificate, is essential for military personnel to ensure correct state income tax withholding. Here are key takeaways regarding this process:

Purpose of the Form: The DD Form 2058 is used to determine the correct state of legal residence for withholding state income taxes from military pay.
Voluntary Disclosure: While providing information is voluntary, failure to do so will result in state income taxes being withheld based on the laws of the home of record.
Legal Residence vs. Home of Record: It is important to distinguish between "legal residence" and "home of record." The former is where you intend to return, while the latter is used for travel allowances.
Criteria for Change: To change your state of legal residence, you must physically reside in the new state and intend to make it your permanent home, abandoning the previous state.
Legal Assistance: If there is any uncertainty regarding your legal residence, consulting a Legal Assistance Officer is advisable before completing the form.

Understanding these points can facilitate a smoother experience when filling out the DD Form 2058 and help avoid potential legal complications.