Can I live in one state and claim residency in another military?
Asked by: Dr. Hailey Ratke | Last update: April 24, 2025Score: 4.3/5 (4 votes)
A military member can have one state as a home of record, claim another state as a legal residence, and be stationed in a third state.
Can I keep my residency in another state military?
Because military members may have "legal residence" in one state, but be stationed in a different state, the Servicemembers Civil Relief Act, allows military members to pay taxes, register vehicles, vote, etc., in their SLR, rather than the state they are stationed in.
Can I work in one state and claim residency in another?
If you moved from one state to another, you'll likely file as a part-year resident in both states. If you lived in one state but worked in another, you'll generally file as a resident in your home state and a non-resident in the state where you worked.
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.
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.
Living In One State While Working In Another State - Will You Be Double-Taxed?!
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).
How does a military spouse claim residency?
The Military Spouses Residency Relief Act allows military spouses to declare the same state of legal residency as their spouse. The Veterans Benefits and Transition Act allows spouses to choose their service member's state of legal residence even if they have not lived in that state.
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.
How do I change my state of residence in the military?
You should complete DD Form 2058 and file it with the finance office in order for your LES and W-2 to reflect your new domicile.
How do I prove my primary state of residence?
Primary state of residency does not pertain to owning property but rather it refers to your legal status of residency. Proof of residence includes obtaining a driver's license, voting/registering to vote or filing federal taxes with an address in that state. These legal documents must be issued by the same state.
How does the IRS determine state residency?
Key Takeaways. Your domicile is the state you regard as your home. If you spend a substantial amount of your time in two states, keep good records so you can prove which is your domicile. 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 2 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 you live in one state and work in another remotely?
Though it isn't the case for all remote workers, many employees are able to work from anywhere with a remote job. This means they may physically work in one state while maintaining a permanent residence in another or work from home for a company based in another state.
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.
What is the difference between legal address and residence?
Basically the terms “domicile” and “legal residence” refer to the same place – the state you consider your permanent home. On the other hand, your “residence” is simply where you are living at a particular time.
Does military residency count as active duty?
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.
How do I claim residency in another state military?
Changing the state on your paycheck records doesn't change your SLR. To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted. From a tax standpoint, your State of Legal Residency (SLR) is considered your "domicile" or "resident" state as long as you are on active duty.
How do I change my place of residence?
Let the post office know you are going to change your address and want your mail forwarded to your new location. You can: Go to USPS.com/move to change your address online. You do not need to pay a separate company to change your address.
Can I choose where I live in the military?
Military members who live off-base choose where to live, choose their own living space, and decide how much they'll pay for rent.
Is it illegal to claim residency in another state?
Each state has different rules on this. A statutory residence rule is usually based on the amount of time that a person has physically spent in that state – often 183 days or more (half a year plus one day). An individual can only have one state of domicile but can be a resident in more than one state.
Can I have two permanent residency?
The question here is can I have permanent residency in more than one country? Yes. You can.
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.
How to change state of residence in the military?
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 for processing.
Can a military spouse live separately?
Spouses may establish separate residences and become separated in fact, if not in law. They may draft and sign a separation agreement outlining how property will be used or divided, which person will pay specific debts and how child support and custody issues will be handled.
How long to get a green card after marriage to a military spouse?
How long does it take to get a military spouse green card? It can take between 10 and 38 months or more to receive a green card, depending on where you are applying from. The process is typically longer for spouses of green card holders, who must wait for a “visa number” to become available before applying.