The Military Spouse Residency Affidavit for Tax Exemption is the City of Chesapeake, Virginia, form on which the spouse of an active-duty servicemember attests to a legal residence outside Virginia in support of a personal property tax exemption. It is one of the Chesapeake property tax forms handled by the Commissioner of the Revenue. On FillingPDF you can fill out the form online and download or print the completed PDF. The city publishes the original PDF on its City Forms & Applications page.
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What is Military Spouse Residency Affidavit for Tax Exemption – Chesapeake, VA?
The Military Spouse Residency Affidavit for Tax Exemption is a sworn statement issued by the City of Chesapeake Commissioner of the Revenue. In it, a military spouse attests to a legal residence in another state so that a personal property tax exemption can be considered.
The spouse states that the answers are true and that they are the spouse of an active-duty military member whose legal residence is other than Virginia, who is in compliance with military orders, and that they are in Virginia solely to be with that spouse. The affidavit then claims one of two positions under the Service Members Civil Relief Act (SCRA): either the spouse elects the same legal residence as the servicemember under the amendment of the Veterans Benefits and Transitions Act (VBTA), effective January 1, 2019, or the spouse has the same non-Virginia domicile or legal residence under the amendment of the Military Spouses Residency Relief Act (MSRRA) in 2009.
The form is completed for a single tax year, written on the For Tax Year line. It includes a small table for the vehicle's title number, the last 6 digits of the VIN and whether the vehicle is leased. It also has a notary acknowledgment block. The city lists it among its forms from the Commissioner of Revenue; it is separate from the Personal Property Vehicle Assessment Appeal and the Disabled Veterans applications listed there.
Who needs to file Military Spouse Residency Affidavit for Tax Exemption – Chesapeake, VA?
The main group is the spouse of an active-duty military member who claims a personal property tax exemption in the City of Chesapeake on the basis of a non-Virginia residence. By signing, the spouse attests to three things:
- The servicemember is on active duty, has a legal residence other than Virginia and is in compliance with military orders.
- The spouse is in Virginia solely to be with the servicemember.
- The spouse either elects the servicemember's legal residence or has the same non-Virginia domicile or legal residence, as the form's SCRA wording describes.
The form is signed by the applicant, the spouse, not by the servicemember. Because the affidavit states that the servicemember's legal residence is other than Virginia, it does not fit a situation where that statement is untrue. A servicemember in the U.S. Coast Guard has an additional document to attach, listed under required documents. The form names no other representative who may sign on the spouse's behalf.
When to file Military Spouse Residency Affidavit for Tax Exemption – Chesapeake, VA
The affidavit is completed for a specific tax year, which you write on the For Tax Year line, so file it for each tax year in which you claim the exemption. No due date is printed on the form. Confirm the filing date for that tax year with the Commissioner of the Revenue at 757-382-6730 or [email protected] before you submit it. Have the servicemember's Leave and Earnings Statement (LES) for that tax year on hand before you start, because it must indicate a legal state of residence other than Virginia for the year named on the form.
Documents you need
- Copy of the front and back of the spouse's Military Identification card.
- Copy of the servicemember's Leave and Earnings Statement (LES) indicating a legal state of residence other than Virginia for the tax year named on the form.
- Copy of the servicemember's Military Identification Card, required only for U.S. Coast Guard servicemembers.
How to fill out Military Spouse Residency Affidavit for Tax Exemption – Chesapeake, VA
Enter the tax year
Write the tax year for which you claim the exemption on the For Tax Year line at the top. Use the same year shown on the servicemember's LES.
Enter both names
Write the spouse applying for the exemption on Name of Spouse Applying for Exemption and the servicemember on Name of Active-Duty Servicemember.
Complete the attestation
In the sentence that begins "I, the undersigned," write the servicemember's name in the blank after "I am the spouse of". This statement says the servicemember's legal residence is other than Virginia and that you are in Virginia solely to be with your spouse.
Enter the state of legal residence
Write the state in the blank that matches your situation: the state whose residence you elect to share with your military spouse, or the state of the non-Virginia domicile or legal residence you already share.
List the vehicle details
In the table, enter the Title #, the last 6 digits of the VIN and whether the vehicle is leased (Y or N), for each vehicle.
Prepare the supporting copies
Gather the copies listed on the form: front and back of your Military Identification card and the servicemember's LES, plus the servicemember's Military Identification Card for U.S. Coast Guard only.
Sign and add your contact details
Sign as the applicant and enter your current address and daytime telephone number.
Complete the notary block
The notary block names the Commonwealth of Virginia and has a blank for the city or county. The notary enters the acknowledgment date and signs, then adds the registration ID and commission expiration date; the applicant's name goes on the applicant line.
Review and download the PDF
Check the tax year, names, state and vehicle entries against your documents. Download or print the completed PDF from FillingPDF and assemble it with your copies as described under How to submit.
How to submit Military Spouse Residency Affidavit for Tax Exemption – Chesapeake, VA
The form does not print a filing instruction, so confirm the delivery method with the issuing office. Its letterhead gives three ways to reach the City of Chesapeake Commissioner of the Revenue:
- By mail: Commissioner of the Revenue, Post Office Box 15285, Chesapeake, Virginia 23328.
- By phone: 757-382-6730.
- By email: [email protected].
Copies of the required documents are attached to the affidavit, so send or deliver them together. The notary block is headed "our office can notarize this affidavit for you", so the Commissioner of the Revenue's office can notarize the affidavit. If you have it notarized elsewhere, the notary completes the name, registration ID and commission expiration date. Ask the office before you submit whether it accepts a particular delivery method for the signed original. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Attaching only the front of the spouse's Military Identification card; the form asks for the front and back.
- Attaching a Leave and Earnings Statement that does not show a legal state of residence other than Virginia for the tax year on the form.
- Leaving out a copy of the servicemember's Military Identification Card when the servicemember is in the U.S. Coast Guard.
- Leaving the For Tax Year line blank, or writing a year that does not match the LES.
- Not entering the state of legal residence, or entering it in the wrong blank, since the form offers one blank for electing the residence and another for already having it.
- Skipping the vehicle table (title number, last 6 of the VIN, leased Y/N) for the vehicles the exemption is claimed for.
- Submitting the affidavit without the applicant's signature, current address and daytime telephone number.
- Leaving the notary block incomplete: the acknowledgment date, notary signature, registration ID and commission expiration date.
Frequently asked questions
What is the Military Spouse Residency Affidavit for Tax Exemption?
It is a sworn form from the City of Chesapeake Commissioner of the Revenue. A military spouse uses it to attest that they share a non-Virginia legal residence with an active-duty servicemember, to support a personal property tax exemption under the amended SCRA.
Is this form part of Chesapeake property tax?
It is one of the Chesapeake property tax forms from the Commissioner of the Revenue. The form says the attached copies support a personal property tax exemption authorized by the amended Service Members Civil Relief Act (SCRA).
What documents do I attach to the affidavit?
Attach copies of the front and back of the spouse's Military Identification card and the servicemember's Leave and Earnings Statement (LES) showing a legal residence other than Virginia for the tax year. For U.S. Coast Guard servicemembers, also attach the servicemember's Military Identification Card.
Does the affidavit have to be notarized?
The form includes a notary public block for an acknowledgment, and it says the Commissioner of the Revenue's office can notarize the affidavit for you. The notary enters the date, signs and adds a registration ID and commission expiration date.
Can I fill out the Chesapeake military spouse affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the affidavit with the City of Chesapeake; you submit it through the Commissioner of the Revenue's channels.
Where do I send the Military Spouse Residency Affidavit?
The form's letterhead gives the Commissioner of the Revenue's contacts: Post Office Box 15285, Chesapeake, Virginia 23328, phone 757-382-6730 and [email protected]. Confirm with the office which delivery method it accepts for the signed original and copies.
Is there a deadline to file the affidavit?
No due date is printed on the form. It is completed for one tax year, written on the For Tax Year line. Call 757-382-6730 or email [email protected] to confirm the date that applies to that year.
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