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<blockquote data-quote="fmf_corpsman" data-source="post: 1407528" data-attributes="member: 16304"><p>Good Evening,</p><p> </p><p>Just stopping in to say hello and introduce myself. I am originally from SE OK but am stationed up in Great Lakes. Looking forward to getting alot of good advice.</p><p> </p><p>Good morning,</p><p> </p><p>I apologize if this has been covered previously.</p><p> </p><p>I was born and raised in Oklahoma and I am currently active duty Navy stationed outside the state. I maintain my license, and insurance in Ok and paid taxes to the state of Ok prior to them exempting AD military. When I go on leave I return to Ok for 30 days a calendar year. </p><p> </p><p>I say all of that because I called OSBI earlier this morning regarding my CCW to ensure there were no issues or complications and was informed that due to the fact that I don't "physically" reside in the state that I do not qualify. I explained to her that the sheriffs office in the county I maintain my residency in had verified the package and saw no problems with it. She told me that the sheriff's office was not reading the SDA, and proceeded to read the eligibility section to me. </p><p> </p><p>When she finished reading it I asked her if it says anywhere a requirement for how many days you have to reside. I explained to her that I technically reside there 30 days out of a calendar year, and told her my drivers license and insurance are out of Oklahoma. She explain to me that they are not allowed to interpret the law. </p><p> </p><p>I read the SDA and it does not say a minimum amount of time that you have to "reside".</p><p> </p><p>Please do not take this as me bashing OSBI or any one particular individual, I am simply trying to figure out how best to approach this.</p><p> </p><p>I am hoping someone can give me some insight into the situation.</p><p> </p><p>Thank You in advance,</p><p> </p><p>After some thought, I realized that the question that I posted earlier should possibly be posted in this section. I apologize for multiple post's.</p><p> </p><p>Good morning,</p><p> </p><p>I apologize if this has been covered previously.</p><p> </p><p>I was born and raised in Oklahoma and I am currently active duty Navy stationed outside the state. I maintain my license, and insurance in Ok and paid taxes to the state of Ok prior to them exempting AD military. When I go on leave I return to Ok for 30 days a calendar year. I also vote in the state of Oklahoma.</p><p> </p><p>I say all of that because I called OSBI earlier this morning regarding my CCW to ensure there were no issues or complications and was informed that due to the fact that I don't "physically" reside in the state that I do not qualify. I explained to her that the sheriffs office in the county I maintain my residency in had verified the package and saw no problems with it. She told me that the sheriff's office was not reading the SDA, and proceeded to read the eligibility section to me. </p><p> </p><p>When she finished reading it I asked her if it says anywhere a requirement for how many days you have to reside. I explained to her that I technically reside there 30 days out of a calendar year, and told her my drivers license and insurance are out of Oklahoma. She explain to me that they are not allowed to interpret the law. </p><p> </p><p>I read the SDA and it does not say a minimum amount of time that you have to "reside".</p><p> </p><p>Please do not take this as me bashing OSBI or any one particular individual, I am simply trying to figure out how best to approach this.</p><p> </p><p>I am hoping someone can give me some insight into the situation.</p><p> </p><p>Thank You in advance,</p><p>__________________</p><p> </p><p></p><p> </p><p>Sam,</p><p> </p><p>Up until this year(Apr 2010) since 1997 I paid state income tax, Oklahoma SB 881 exempted military on active duty, and/or military on orders activated from paying income tax on earnings.</p><p> </p><p>I went to the Oklahoma Tax Commission website <a href="http://www.tax.ok.gov/faq/faqitm52.html" target="_blank">http://www.tax.ok.gov/faq/faqitm52.html</a> and found the following. As per the verbage from the website it clearly states that I am a resident, I am just extremely confused over "resides".</p><p> </p><p> </p><p><span style="color: navy">"I am an Oklahoma resident, but not stationed in Oklahoma. </span></p><p><span style="color: navy">Am I required to file an Oklahoma income tax return?</span></p><p> </p><p><span style="color: navy">Yes, as an Oklahoma resident, you are required to file an Oklahoma return, and be taxed on any income from interest, dividends, salaries, commissions and other pay for personal services regardless of where are you are stationed.</span></p><p> </p><p><span style="color: navy">Whenever the filing of a timely income tax return by a member of the Armed Forces of the US is made impracticable or impossible of accomplishment by reason of absence from the State of Oklahoma while on active duty or confinement in a hospital, the time of filing a return and paying an income tax shall be extended to the fifteenth day of the third month following the month in which such individual returns to Oklahoma or is discharged from the hospital." </span></p><p> </p><p>This is a paragraph taken from 50 U.S.C. App. §§501-596, the Servicemembers Civil Relief Act</p><p> </p><p>Domicile (Legal Residence): The SCRA continues the protection the SSCRA granted for </p><p>domicile and residence. A member can maintain the domicile or legal residence in the </p><p>state the member resided before entering active duty. A member does not lose the </p><p>domicile (legal residence) in a state when absence from that state is due to military </p><p>orders. Members, however, can change his or her domicile if the member meets the </p><p>conditions for changing legal residence. Legal residence (domicile) should not be </p><p>confused with residence. A person can have as many residences as can afford, but can </p><p>have only one legal residence (domicile). The domicile is considered to be the state </p><p>entered in the members pay records. The domicile is a state where the member resided </p><p>at some point in time and while residing there formed the intent to return to this state </p><p>after his or her military service ends and remain there indefinitely. </p><p> </p><p>I have every intention of returning to Oklahoma at the end of my military service.</p></blockquote><p></p>
[QUOTE="fmf_corpsman, post: 1407528, member: 16304"] Good Evening, Just stopping in to say hello and introduce myself. I am originally from SE OK but am stationed up in Great Lakes. Looking forward to getting alot of good advice. Good morning, I apologize if this has been covered previously. I was born and raised in Oklahoma and I am currently active duty Navy stationed outside the state. I maintain my license, and insurance in Ok and paid taxes to the state of Ok prior to them exempting AD military. When I go on leave I return to Ok for 30 days a calendar year. I say all of that because I called OSBI earlier this morning regarding my CCW to ensure there were no issues or complications and was informed that due to the fact that I don't "physically" reside in the state that I do not qualify. I explained to her that the sheriffs office in the county I maintain my residency in had verified the package and saw no problems with it. She told me that the sheriff's office was not reading the SDA, and proceeded to read the eligibility section to me. When she finished reading it I asked her if it says anywhere a requirement for how many days you have to reside. I explained to her that I technically reside there 30 days out of a calendar year, and told her my drivers license and insurance are out of Oklahoma. She explain to me that they are not allowed to interpret the law. I read the SDA and it does not say a minimum amount of time that you have to "reside". Please do not take this as me bashing OSBI or any one particular individual, I am simply trying to figure out how best to approach this. I am hoping someone can give me some insight into the situation. Thank You in advance, After some thought, I realized that the question that I posted earlier should possibly be posted in this section. I apologize for multiple post's. Good morning, I apologize if this has been covered previously. I was born and raised in Oklahoma and I am currently active duty Navy stationed outside the state. I maintain my license, and insurance in Ok and paid taxes to the state of Ok prior to them exempting AD military. When I go on leave I return to Ok for 30 days a calendar year. I also vote in the state of Oklahoma. I say all of that because I called OSBI earlier this morning regarding my CCW to ensure there were no issues or complications and was informed that due to the fact that I don't "physically" reside in the state that I do not qualify. I explained to her that the sheriffs office in the county I maintain my residency in had verified the package and saw no problems with it. She told me that the sheriff's office was not reading the SDA, and proceeded to read the eligibility section to me. When she finished reading it I asked her if it says anywhere a requirement for how many days you have to reside. I explained to her that I technically reside there 30 days out of a calendar year, and told her my drivers license and insurance are out of Oklahoma. She explain to me that they are not allowed to interpret the law. I read the SDA and it does not say a minimum amount of time that you have to "reside". Please do not take this as me bashing OSBI or any one particular individual, I am simply trying to figure out how best to approach this. I am hoping someone can give me some insight into the situation. Thank You in advance, __________________ Sam, Up until this year(Apr 2010) since 1997 I paid state income tax, Oklahoma SB 881 exempted military on active duty, and/or military on orders activated from paying income tax on earnings. I went to the Oklahoma Tax Commission website [URL]http://www.tax.ok.gov/faq/faqitm52.html[/URL] and found the following. As per the verbage from the website it clearly states that I am a resident, I am just extremely confused over "resides". [COLOR=navy]"I am an Oklahoma resident, but not stationed in Oklahoma. [/COLOR] [COLOR=navy]Am I required to file an Oklahoma income tax return?[/COLOR] [COLOR=navy]Yes, as an Oklahoma resident, you are required to file an Oklahoma return, and be taxed on any income from interest, dividends, salaries, commissions and other pay for personal services regardless of where are you are stationed.[/COLOR] [COLOR=navy]Whenever the filing of a timely income tax return by a member of the Armed Forces of the US is made impracticable or impossible of accomplishment by reason of absence from the State of Oklahoma while on active duty or confinement in a hospital, the time of filing a return and paying an income tax shall be extended to the fifteenth day of the third month following the month in which such individual returns to Oklahoma or is discharged from the hospital." [/COLOR] This is a paragraph taken from 50 U.S.C. App. §§501-596, the Servicemembers Civil Relief Act Domicile (Legal Residence): The SCRA continues the protection the SSCRA granted for domicile and residence. A member can maintain the domicile or legal residence in the state the member resided before entering active duty. A member does not lose the domicile (legal residence) in a state when absence from that state is due to military orders. Members, however, can change his or her domicile if the member meets the conditions for changing legal residence. Legal residence (domicile) should not be confused with residence. A person can have as many residences as can afford, but can have only one legal residence (domicile). The domicile is considered to be the state entered in the members pay records. The domicile is a state where the member resided at some point in time and while residing there formed the intent to return to this state after his or her military service ends and remain there indefinitely. I have every intention of returning to Oklahoma at the end of my military service. [/QUOTE]
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