State of Residence for Military Personnel on Active Duty

Forum|Forum|2 years ago
April 5, 2023
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I’d like some advice on which state I should choose for residency on my tax return. My home of record is NY and my drivers license is from NY, but I'm stationed in Colorado and my car is registered there too. Would I be able to claim residency in CO?

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MAK70

A military service member's home of record is the place from which they entered the military. A state of legal residence, or domicile or legal domicile, is the place where the service member thinks of as home, the state where you intend to live after you leave the military. Your state of legal residence may change throughout your life. However, you can't just pick a place, there are rules and steps that need to be taken. In order to legally change your state of legal residence, you must: be physically present in the new state, intend to treat that location as your permanent home; and abandon your old state of legal residence. You can change your pay withholding by using DD form 2058, State of Legal Residence Certificate.

Here are some guidelines to establishing your Colorado residency: New Colorado Resident | Frequently Asked Questions.