Hi,

I moved from DC to Virginia in the mid of April. However, I failed to report the change to my employer immediately. So they didn't change my state tax to VA until the middle of May. I did change my driver's license to VA.

The commonwealth of Virginia defines resident as "A person who lives in Virginia, or maintains a place of abode here, for more than 183 days during the year, or who is a legal (domiciliary) resident of the Commonwealth is considered a Virginia resident for income tax purposes." So does this mean I should file my VA state tax as resident and use Form 760?

As to the DC tax, I guess I will have to file as a part year resident, right?

Thanks for the help in advance.

All the best,
Fei

You can be a resident of only one state at a time. So you can't be a full year resident of VA and a part year resident of DC in the same year. The proper thing to do is file a part-year resident tax return with VA (form 760PY) and also a part-year resident return for DC to cover your periods of residency in the respective places. However - you don't mention where you worked during the year, and that has a bearing on what forms to file. Please let us know if you worked in DC. Or in VA, or someplace else.

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Originally Posted by ebaines

You can be a resident of only one state at a time. So you can't be a full year resident of VA and a part year resident of DC in the same year. The proper thing to do is file a part-year resident tax return with VA (form 760PY) and also a part-year resident return for DC to cover your periods of residency in the respective places. However - you don't mention where you worked during the year, and that has a bearing on what forms to file. Please let us know if you worked in DC. or in VA, or someplace else.

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Hi,

Thank you so much for your quick reply.

I was employed by an organization in MD from Jan to August. I was paying DC state tax till May. In September, I started my current job which is located in VA.

I tried to fill out the D-40. The Line a (wages, salaries, unemployment compensation, and/or tips, from my 1040NR-EZ Line 3) is my actual total income minus the $5000 exemption under tax treaty (China). On Line 7 of D-40, I was asked to enter my income during nonresidence, so I subtracted my DC income (as shown on my W2) from my actual total income. This makes my DC AGI on D-40 equals to my actual DC income (as shown on W2) minus the $5000 exemption. By following calculation D, my DC itemized deduction is zero. As a result, my taxable income comes out to be negative．I guess that does not sound right.

As to VA state tax, do I need to file Schedule I along with 760YP? Should I file Schedule OSC?

Thank you for your help in advance!

All the best,
Fei