Can I keep my residency in another state military?
Asked by: Ms. Dolores Blick | Last update: May 30, 2025Score: 4.5/5 (33 votes)
The Servicemembers Civil Relief Act (SCRA) allows you to retain the same legal residence you had when you entered the service, even if you are stationed in a different state or overseas.
Do you have to change state of residency in the military?
Active duty soldiers generally retain the home of record and state of residency from which they entered the military unless they actively change their residency to another state.
Can I live in a different state than my military spouse?
A spouse who moves to a new state and establishes a new residence and a new life there usually becomes a domiciliary of that new state. The Act allows a servicemember's spouse to keep the same domicile. The spouse may, however, choose to become a domiciliary of the new state.
Can I maintain residency in two states?
Legally, you can have multiple residences in multiple states, but only one domicile. You must be physically in the same state as your domicile for most of the year and able to prove the domicile is your principal residence, “true home” or “place you return to.”
How to determine state of legal residence in the military?
Under the SCRA, servicemembers retain the state they claimed when they entered active duty as their state of legal residence unless they take affirmative steps to change their state of legal residence.
How to Change State Residency and Manage State Residency while Living Abroad
Can I be a permanent resident in one state and live in another?
An individual can have only one domicile at a time. However, depending on if you keep a home within a state and the amount of time spent within that state, you can also be considered a “statutory resident” of another state and be required to pay income taxes there as well as in your domicile state.
Can I be a resident of a state I don't live in?
Most states will consider you a resident for tax purposes if you spend 183 days or more in that state. If you permanently moved to another state during the year, you may have to file a part-year resident return in both states.
What states have the 183 day rule?
It is true that you are considered a resident of California if you are in the state longer than 183 days (they are cumulative days, by the way, not consecutive), but the applicable “days rule” is more lenient in other states. It is 200 days in Hawaii, 200 in Oregon, and 270 in Idaho.
Can I have two permanent residency?
The question here is can I have permanent residency in more than one country? Yes. You can.
Can you work in one state and have residency in another?
Put simply, state tax reciprocity means you can live in one state and work in another without being taxed in your work state. Instead, you only pay taxes to the state you live in. If no relevant state tax reciprocity agreement exists between your residence state and work state, you may need to file taxes in both.
Do military orders count as proof of residency?
An active duty military member may establish residency by presenting permanent change of station (PCS) orders and a valid military photo identification card (see ATF Ruling 2001-5).
Can my girlfriend live with me in the military?
No, your girlfriend can't live with you in the military. Only a military spouse is allowed to live in the base. You'll have to live separately if you're only dating.
Do military pay taxes while deployed?
Your domicile. If your domicile is California, we consider you a resident, and you pay tax on all income while permanently stationed here. If you come to California because of permanent change of station (PCS) orders, you do not become a resident.
Can military spouses keep their state residency?
Maintaining your legal residence under MSRRA
The SCRA allows active-duty military members to maintain their legal residence in the place they consider home. The Military Spouses Residency Relief Act allows military spouses to declare the same state of legal residency as their spouse.
How do I change my state of residence in DFAS?
In order to make a state change, you will need to fill out a form DD-2058. Please submit your change through your pay office or admin office for processing. Changes to your state of legal residence may not be made retroactively.
How does military residency work?
If you are selected for a military residency, you will serve as an active‐duty physician. Time in residency does not count towards any service commitment. Every military student MUST go through the formal military selection process.
Can I lose permanent residency?
U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.
What is the 6 month rule for US green card?
An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.
What is the 90 day rule for green card?
What Is the 90-Day Rule? According to 9 FAM 302.9, an alien who engages in conduct inconsistent with their nonimmigrant status within a 90-day period of entering the US may become inadmissible for the Green Card or even permanently barred from entering the US.
How long can you live in another state without becoming a resident?
Most states will consider you a resident for tax purposes if you spend 183 days or more in that state.
Can I have dual residency in two states?
Yes, it is possible to have residency in two states – but there are a few asterisks attached to that “yes.” Residency rules vary from state to state, and what's allowed in one place might not fly in another.
Can I live in Florida for 6 months?
How Long Does It Take to Become a Florida Resident? Under the rule, the taxing states require that a person looking to declare residency in Florida must reside in Florida for at least 183 days (in other words, one day more than six months).
What is the easiest state to get residency in?
What is the quickest state in which to become a resident? Florida and South Dakota are the quickest and easiest states to establish residency, especially for location-independent workers and nomads.
What if you work in a different state than you live?
“The 6% tax will be owed to the other state and California will allow a credit based on the lower of what was actually paid to that state or what California charges on that state income. In this example, the 9.3% California tax would be offset by a credit for the 6% paid to the other state,” she says.
How does the IRS determine state residency?
All U.S. citizens are residents of at least one state for tax purposes. Your state of residence is determined by: Where you're registered to vote (or could be legally registered) Where you lived for most of the year.