DD Form 2058 State of Legal Residence Certificate

DD Form 2058 Instructions {id="mcetoc_1eh25u74h0"}

Carefully read and review the step-by-step instructions attached to the form before filing.

1. Note the difference between the State of Legal Residence and Home of Record.

   • Your State of Legal Residence (SLR) is the place you permanently live in and have the intention to return to when leaving.
   • A Home of Record (HOR) is a military-exclusive term that determines certain service-related benefits. The HOR does not apply to military spouses. It refers to the state where you originally enlisted or from where you received a commission from the Army.

2. Your Home of Record can change when signing a new enlistment contract. In some cases, your State of Legal Residence and Home of Record can be the same place.

3. In order to officially change their legal domicile the individual must be physically present at the new address, must intend to treat the location as a place of permanent residence and must intend to abandon the previous SLR. The intent to change your SLR can be shown through some of the following:

   • Registering to vote or voting;
   • Purchasing residential property;
   • Obtaining a driver's license or registering your vehicle through the DMV;
   • Paying state tax;
   • Preparing a new last will and testament which indicates the new domicile as your new State of Legal Residence.

4. File the DD 2058 after you have taken the steps to establish a new domicile. Fill in the form with your name and social security number, state your new SLR and sign the form. If you have any questions, contact your Legal Assistance Officer (JAG Representative) for advice on filling this form.

5. Remember that failure to resolve your case may have an impact on certain military privileges.

DD 2058 Related Forms:

• DD Form 2058-1, State Income Tax Exemption Test Certificate, is a document filed by residents of those states that exclude military pay from income taxes. This form will stop your taxes from being withheld for the year the form was submitted.
• DD Form 2058-2, Native American State Income Tax Withholding Exemption Certificate, is used by Native American servicemen and women to claim exemption from income tax withholding on their pay.