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kit2hot
New Member

If I am active duty military and my home of record is Colorado what type of residency do I claim? full year non-resident , full year resident, non-resident, ect....

 
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maglib
Level 11

If I am active duty military and my home of record is Colorado what type of residency do I claim? full year non-resident , full year resident, non-resident, ect....

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. Even if you are stationed in another state, you’re still considered a resident of your SLR. 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. Often your voting records, drivers license being registered determine your state of residency.

To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted.  You would also want to change your other records such as DL, and voting records and notify the IRS of a change of address.

So unless you filed DD Form 2058, your SLR is CO and you file as a full year resident of CO.  (Do note that many military do change their SLR to non-income tax states).

A “resident” is a person who considers his/her home state to be Colorado. A “nonresident” is a person who considers his/her home state to be another state. A “part-year resident” is a person who considers himself/herself a resident of Colorado for part of the year and a nonresident for the other part of the year.   https://www.colorado.gov/pacific/sites/default/files/Income21.pdf

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