Virginia Residency Status for Individual Income Tax
Understanding your residency status in Virginia is crucial for determining which state tax form you must file and how your income is taxed. Virginia classifies taxpayers as either residents, part-year residents, or nonresidents based on their physical presence and domicile in the state.
Residency Categories
- Resident: You are considered a resident if you were an actual or domiciliary resident of Virginia for the entire tax year. Residents must file Form 760 (Resident Return) and report all income, regardless of source.
- Part-Year Resident: If you were a resident for only part of the year, you must file Form 760PY (Part-Year Resident Return). You report only income earned while residing in Virginia.
- Nonresident: If you were not a resident of Virginia for any part of the year but earned income from Virginia sources, you must file Form 763 (Non-Resident Individual Income Tax Return).
When to File Based on Residency
- Form 760 (Resident Return): File if you were a resident for the entire year or if you were a resident for part of the year but all your income was from Virginia sources.
- Form 760PY (Part-Year Resident Return): File if you were a resident for part of the year and had income from both Virginia and non-Virginia sources.
- Form 763 (Non-Resident Return): File if you are not a resident but have income from Virginia sources, such as wages earned in Virginia, business income conducted in Virginia, or income from property located in Virginia.
Virginia Source Income
Income from Virginia sources includes:
- Wages earned while working in Virginia
- Business income from a trade, profession, or occupation carried on in Virginia
- Income from real or tangible personal property located in Virginia
- Gains from the sale or exchange of real estate or intangible personal property with a situs in Virginia
- Pass-through income from partnerships, S corporations, or trusts attributable to Virginia activities
Filing Requirements for Nonresidents
Nonresidents with Virginia Adjusted Gross Income at or above the filing threshold must file Form 763 if any of their income is from Virginia sources. This includes income from labor performed, business conducted, or property located in Virginia.
Important Notes
- Married taxpayers filing jointly must consider special circumstances when reporting income and tax liability on Forms 760PY and 763.
- Virginia taxable income is calculated based on federal adjusted gross income with modifications specific to Virginia tax law.
- Taxpayers should use the appropriate form based on their residency status to ensure accurate reporting and avoid penalties.
Source:
Form 760 Instructions
Form 760PY Instructions
Form 763 Instructions
Disclaimer: Always verify information with official Federal or State Department of Revenue Forms and Instructions.