Virginia Tax Filing
Filing Your Taxes in Virginia
Filing taxes is a frustrating endeavor no matter which way you look at it and they really don’t make it easy for us. Which form goes with which return for which state? And if I spend my summers living in another state, how do declare that income in Virginia? Do I have to pay Virginia taxes if I just moved to Virginia? Am I even a Virginia resident? You can find the answers to these questions and more here. Everyone hates an audit right?
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Virginia Tax Forms
- VA Form 763 - Virginia Nonresident Individual Income Tax Return
- Virginia Form 760ES - Virginia Estimated Income Tax Payment Vouchers and Instructions for Individuals
- Virginia Form 763S - Virginia Claim for Individual Income Tax Withheld
- Virginia Schedule 763 ADJ - Virginia Schedule of Adjustments for nonresident
- VA 760PY Schedule of Income - Virginia 760PY Schedule of Income - Schedule of Income for part-year residents
- Virginia Schedule OSC - Virginia Credit for Tax Paid To Another State
- Virginia Form 760PY - Virginia Individual Part-Year Resident Income Tax Return
- Virginia Form 760 - Virginia Individual Resident Income Tax Return
- Virginia Form 763 - Virginia Individual Non-resident Income Tax Return
- Virginia Form 760IP - Virginia Automatic Extension Payment
Am I a Virginia Resident?
There are four groups of people who need to file some sort of tax form in Virginia. Virginia residents, part-year Virginia residents, people who live in Virginia but work in another state, people who live in another state and work in Virginia and people who sold property in Virginia that tax year.
Virginia Residents
If your permanent residence was in Virginia, or you lived in Virginia for more than 183 days, then you are a Virginia resident. If you had your legal residence in Virginia and earned more than $11,250, you are required to file a Virginia resident tax return using Form 760. If you need additional information on how to file Form 760, you can download the 2019 Virginia 760 Resident Individual Income Tax Booklet above.
Part-Year Residents
If you moved to or from Virginia and became a Virginia resident (see “ Virginia Residents” above) during the tax year, you are a part-year Virginia resident. If you were a resident of another state, but lived in Virginia for more than 6 months of the year, then you are also a part-year Virginia resident. If you only lived in Virginia for a portion of the year, but all of your income was made in Virginia or from Virginia sources, file Form 760 for your resident return. To file a part-year resident return in Virginia, use Form 760-PY.
Keep in mind that as a part-year resident, you may be required to file Form 763 if you made any income in Virginia while living in another state. For more information, see “Live in Another State, Work in Virginia” below.
Live in Virginia, Work Out of State
All Virginia residents must file a Form 760 Virginia resident tax return. Any income you earn out of state will be taxed by Virginia and must be filed with Virginia, regardless of the source of income. There are no tax subtractions for out of state income in Virginia, but Virginia does offer tax credits in order to avoid dual taxation.
Live in another State, Work in Virginia
If you lived in another state and are a nonresident, but you worked in Virginia or earned income from Virginia sources, you are required to file Form 763. If you need more help on how to file out Form 763, there are instructions included that will make it easier. Income earned from jobs in Virginia or ownership of property in Virginia and winnings from the Virginia lottery or gambling are all considered taxable income from Virginia sources.
Virginia does have a few sources of income that they do not consider taxable, including personal savings account interest or dividends, pension payments from someone who paid into a Virginia pension and individual stock investments.
Certain states have different rules for how they handle nonresidents who work in Virginia.
If you work in Virginia and live in Kentucky or Washington, D.C. and you do not have a residence in Virginia for any part of the tax year and your sole source of income is from wages or salaries earned in Virginia, you are not required to file Form 763. You are required to declare that income on your Washington, D.C. or Kentucky income tax return.
If you work in Virginia and live in Pennsylvania, Maryland or West Virginia and you lived in Virginia for fewer than 183 days of the tax year and your sole source of income is from wages or salaries earned in Virginia, you are not required to file Form 763. Nonresidents from Maryland, West Virginia and Pennsylvania are required to declare that income on their respective state income tax returns.
This exception for Maryland, West Virginia and Pennsylvania residents only applies to income earned from wages and salaries. It does not apply to any other source of income made in Virginia and you are required to file Form 763 to declare that income in Virginia.
Any nonresident who earns income from a source that is not wages or salaries is required to declare that income in Virginia using Form 763. The included instructions will guide you through how to fill out Form 763 and a Virginia nonresident tax return correctly. Income earned from ownership of property in Virginia and winnings from the Virginia lottery or gambling are all considered taxable income from Virginia sources.
Virginia does have a few sources of income that they do not consider taxable, including personal savings account interest or dividends, pension payments from someone who paid into a Virginia pension and individual stock investments.