Tracking US States & Canadian Provinces
Track Virginia tax residency
Master Virginia taxation rules and accurately determine your tax status
Overview
Virginia residency requirements for taxation
Domicile test for Virginia tax purposes
The Virginia Department of Taxation uses two main tests to determine tax residency: the domicile test and the 183-day rule. The domicile test examines where you have your true, fixed, and permanent home. Factors considered by the VA tax department include where you spend most of your time, your family's location, voter registration, and driver's license. Changing your domicile for Virginia tax purposes requires physically moving and demonstrating intent to make the new location your permanent home. Remember, temporary absences from Virginia don't necessarily change your domicile if you intend to return.
183-day rule and statutory residency for Virginia taxation
Even if you're not domiciled in Virginia, you may be considered a statutory resident for Virginia income tax purposes if you maintain a place of abode in the state and spend more than 183 days there during the tax year. This rule applies regardless of whether you own or rent your Virginia residence. It's crucial to keep accurate records of your days in Virginia, as the burden of proof lies with the taxpayer if residency is questioned by the Department of Revenue Virginia. Any part of a day counts as a full day, except for days you're in transit through the state. Proper day tracking is essential for accurate Virginia tax return filing.
Part-year residency and Virginia income tax
If you move into or out of Virginia during the tax year, you may be considered a part-year resident for Virginia taxation purposes. This status applies if you change your domicile to or from Virginia, or if you meet the 183-day rule for only part of the year. Part-year residents must file a Virginia tax return reporting income from all sources while a resident, but only Virginia-source income for the nonresident period. Understanding your residency status is crucial for accurate Virginia income tax filing and ensuring you receive the correct Virginia state tax refund if applicable.
Military personnel and Virginia tax residency rules
Virginia taxation has special residency rules for active-duty military personnel. If you're in the military and stationed in Virginia but maintain legal residency elsewhere, you're generally not considered a Virginia resident for tax purposes. However, non-military income earned in Virginia may still be taxable. Conversely, if Virginia is your home of record and you're stationed elsewhere, you remain subject to Virginia income tax. Military spouses may qualify for special treatment under federal law, potentially allowing them to maintain residency in their home state. Consult the VA tax department for specific guidance on military-related taxation issues.
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