Having recently made my first PCS move, I made the mistake of claiming my state of legal residency as my currently stationed state (GA), and did not know that I could claim FL as my state of legal residency because of being commissioned there as my home of record. However, I am unsure if I can even still claim FL as my SLR, due to my state ties and proving residency. I am originally from PA, went to university in FL, and just PCS moved to Georgia. I have every intent to return back to Florida when my service has ended, and will not be moving back to PA. It is whether GA or FL makes most sense given my situation within legal boundaries.
The finance department stated I can change my SLR at anytime. Although I know I'll need to file for taxes in GA anyways because of my error, is it still feasible to legally claim FL as my SLR? I understand that an educational transcript can count as proof of residency, not sure which can or would be the second form of proof of residency for a driver's license.
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Your SLR is the law for military filers ... so if your SLR is FL then it will always be FL until you legally change it thru the military. You can amend all the state returns filed in error to get refunds.
@Carl who is familiar with military and FL might also be able to comment on this situation.
That's the thing, I changed my SLR to GA when I arrived to GA for my PCS move, but didn't understand the full context that I could keep my HOR as my SLR... I can change my SLR back to FL, I just am uncertain about claiming FL because while in Florida my ties were partial between PA/FL, but mostly to PA. Amending the state returns filed in error would make sense, I was unaware that was possible. Thank you for your input
Having served 20 years and being from FL myself, I can help you understand this.
Having recently made my first PCS move, I made the mistake of claiming my state of legal residency as my currently stationed state (GA), and did not know that I could claim FL as my state of legal residency because of being commissioned there as my home of record.
Based on the information you've provided, FL is not your HOR and never was. Here's why, based on your comments.
I do not own any FL property.
While property ownership in FL is not a de-facto requirement, it most certainly helps. But for you it would be completely irrelevant since you filed state tax returns for PA. Another big factor for you is that you never filed a "Declaration of Domicile" while you were physically in Florida.
A Florida "Declaration of Domicile" is a document which allows you to declare that you are a bona fide resident of Florida because you reside in and maintain a place of residence there. You intend to maintain the residence as your permanent home.
You must declare in the document whether you maintain another place or places of residence in some other state or states. If so, you must confirm that your residence in the State of Florida constitutes your predominant and principal home.
The Florida Declaration of Domicile must be signed by you in front of a notary public or the deputy clerk of a Florida court. It must then be recorded in the public records of the Florida county where you reside. There's a minimal fee for recording.
The penalty for perjury for falsely signing a Florida Declaration of Domicile is five years in state prison and a $5,000 fine.
Although signing and recording a Florida Declaration of Domicile is not required to establish your Florida residency, it does put the public on notice that you have indeed made Florida your permanent home.
This document is filed in the county courthouse of the county where you have established your residence. Since you stayed on campus all four years, you never established a residence domicile in FL and therefore filing a Declaration of Domicile would be fraudulent anyway.
The finance department stated I can change my SLR at anytime.
Yes you can. But that doesn't make it legal. If your W-2 shows anything other than PA as your HOR you could have a problem down the road since you never established residency in FL. If PA finds out about this, they can (and will) come after you for back taxes which will include fines, penalties, late fees and non-filing fees. Since you did file tax returns with PA during your college years, it generally takes about 24-36 months before flags are raised from them not receiving any tax returns from you for the prior 2-3 years. That's when they come looking for you and they will find you. Being military I can tell you right now they will find you through channels; i.e.; your chain of command. The last thing you need as a commissioned officer is to be called in by your commanding officer for an explanation. When that happens (and it will) you can forget about the next promotion cycle...you won't be in it.
I know I'll need to file for taxes in GA anyways because of my error,
No, you do not need to file taxes for GA. But you do need to get with the base legal office to find out the procedure for getting any taxes you paid to GA, refunded to you. But at this point in time, this is the least of your worries or concerns.
is it still feasible to legally claim FL as my SLR?
No, not by any stretch of the imagination.
I understand that an educational transcript can count as proof of residency,
Sorry, but that's not true. Just flat out no, it doesn't prove residency in any way, form or fashion. All it proves is where you attended college, and nothing more.
not sure which can or would be the second form of proof of residency for a driver's license.
Based on the information you provided in your post, the only residency that you have proven beyond any doubt, is PA residency. You really need to file tax returns for PA for all the years you didn't after finishing college. The good news is, though you may be required to report your military income to PA, it may not be taxable. According to what I read at https://www.revenue.pa.gov/FormsandPublications/FormsforIndividuals/PIT/Documents/rev-612.pdf
Military pay (including compensation for weekend drills) earned within and outside Pennsylvania by PA residents is subject to PA personal income taxes compensation. Income received by a PA resident for all military service performed inside Pennsylvania – even if on federal active duty or federal active duty for raining – is fully taxable, unless for active military duty within PA for an emergency pursuant to 35PA C.S. Ch. 76.Military pay received while on federal active duty or federal active duty for training outside Pennsylvania is not taxable.
Thank you for your substantial reply. I thought I knew what I was talking about (as a typical LT...), and clearly I was very much wrong, and fraudulent, in the nature of my inquiry. I will visit finance and legal to clear up the issues you addressed and convert back to PA as my SLR. Thanks again.
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