Form Ndw-M - Exemption From Withholding For A Qualifying Spouse Of A U.s. Armed Forces Servicemember Page 2

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return whenever you are absent from

Instructions to

Instructions for

it. Domicile is based on your intent

Form NDW-M

employer

and actions, which must be consistent.

The Servicemembers Civil Relief

Act provides that the domicile of a

Purpose of form

Requirement to withhold

U.S. armed forces servicemember

does not change based only on the

The Military Spouses Residency Relief

North Dakota income tax law requires

servicemember’s presence in a state in

Act (“Act”) (P.L. 111-97) is federal

you to withhold North Dakota income

compliance with military orders. The

legislation that was signed into law on

tax from wages paid to an employee if

Military Spouses Residency Relief Act

November 11, 2009. This Act amended

the employee performs services within

provides that a civilian spouse’s domicile

the Servicemembers Civil Relief Act to

North Dakota and the wages are subject

does not change based only on the

provide a number of beneﬁ ts to civilian

to federal income tax withholding.

civilian spouse’s presence in a state to be

spouses of active duty U.S. armed forces

with the servicemember.

Form NDW-M exemption

servicemembers. If certain conditions

are met, one of the beneﬁ ts exempts a

An exception to the requirement to

Completing Form NDW-M

civilian spouse’s compensation received

withhold North Dakota income tax

If you meet all of the eligibility

for working in the state where the

applies if an employee completes and

requirements for the exemption from

servicemember spouse is stationed.

gives to you a Form NDW-M. This

withholding, ﬁ ll in the last two digits of

exception applies only if you have a

An employee whose wages are exempt

the calendar year in the upper right-hand

Form NDW-M on ﬁ le for the employee;

from North Dakota income tax because

corner, then ﬁ ll out Items 1 through 3 of

it is not enough that the employee is

of the Act may use Form NDW-M to

Part 1. Attach a copy of your dependent

eligible for the exemption under the Act.

apply for exemption from North Dakota

military ID card to Form NDW-M, and

income tax withholding.

give them to your employer.

What you must do

If an employee gives you a completed

When the withholding

Instructions for

Form NDW-M, do the following:

exemption takes effect

employee

1. Check to see that all items in Part 1

Form NDW-M takes effect on the later of

are ﬁ lled in and a copy of the

(1) the date you give it to your employer

employee’s dependent military ID

or (2) the ﬁ rst payroll period your

Eligibility

card is attached. If not, return the

employer is able to put the exemption

form to the employee;

If you are a civilian spouse of an active

into effect. The exemption does not

2. Fill in Part 2;

duty U.S. armed forces servicemember,

apply to wages paid prior to the date

3. Keep the original signed

you may complete Form NDW-M if you

Form NDW-M takes effect.

Form NDW-M and the attached

meet all of the following conditions:

copy of the military ID card for your

Annual renewal

• You and your servicemember spouse

payroll records; it relieves you of

maintain domicile in a state other than

Form NDW-M is valid only for the

your obligation to withhold North

North Dakota. This applies even if

calendar year for which it is completed.

Dakota income tax, and you shall

you have different states of domicile.

Provided you are still eligible, you

be held harmless from liability for

See “Domicile outside North Dakota”

must ﬁ le a new Form NDW-M for each

withholding based on the employee’s

below;

subsequent year you want to continue

representations on the form; and,

• Your servicemember spouse’s

the exemption from North Dakota

4. Mail a copy of the completed

permanent duty station is in North

withholding.

Form NDW-M and attached military

Dakota; and,

ID card to:

• You are in North Dakota only because

Notiﬁ cation of ineligibility

Attn: Withholding Tax Section

you want to be with your service-

Ofﬁ ce of State Tax Commissioner

You must notify your employer to begin

member spouse who is stationed in

600 E. Blvd. Ave., Dept. 127

the withholding of North Dakota income

North Dakota.

Bismarck, ND 58505-0599

tax from your wages if you become

ineligible for the exemption. This would

Domicile outside North

Or fax it to the Withholding Tax

occur in the following cases:

Dakota

Section at (701) 328-1942.

• Divorce from the servicemember;

“Domicile” refers to your residence

• Death of the servicemember;

by law, and is also referred to as your

• Change in domicile to North Dakota

Questions

legal residence. It is the place that

by either spouse; or

is your permanent home, and is the

• A change in the servicemember’s

If you have questions about this form,

place to which you always intend to

permanent duty station to a location

call the Withholding Tax Section at

outside North Dakota.

(701) 328-1248. Or send an e-mail to

withhold@nd.gov.

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