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Level 3
posted Jan 31, 2023 2:37:43 PM

Maryland resident claims VA withheld

My husband and I lived in Maryland the entire year of 2022. I had VA source income from my employer (W2). Since my employer withheld VA tax, I need to claim that back since I paid Maryland tax. I am wondering besides filling out VA 763-S and attaching my Maryland tax return, do I have to file any other VA forms or attach my federal tax return.

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4 Replies
Level 3
Jan 31, 2023 2:40:13 PM

Also do I have to fill a Form 763 S for my husband? he has no VA sourced income and had no VA tax withheld.

Expert Alumni
Jan 31, 2023 2:56:15 PM

You just need to file the form 763-S for yourself.  You should attach your federal and Maryland tax returns. There are no other forms you need to file.

Level 3
Jan 31, 2023 3:00:58 PM

Thank you! A follow up question, we also filed for New York tax return since my husband works in New York. Should I also attach that?

Expert Alumni
Jan 31, 2023 4:17:58 PM

No. You do not have to attach the New York return since you are claiming a refund of your withholding, not your husband's.