Thanks.
I read the thread below many times and I'm struggling to understand it, as it sounds very similar. The thread has a link to VA tax instructions and it sounds like I meet VA's definition of "actual resident" and should be filing as a VA part year resident for 2021 and VA resident for 2022 taxes. (see last reply by TomD8) https://ttlc.intuit.com/community/state-taxes/discussion/do-i-list-va-as-a-st-of-residence-on-12-31-...
It seems I might meet VA's definition for "actual resident" if my apartment lease implies "maintained an abode". Does it sound right that I should be filing as both a VA part year resident and CA resident (i.e., CA domicile) for 2021 taxes? pg 5 of VA tax instructions:
"Actual Resident
You are an actual resident if:
You maintained an abode in Virginia or were physically present in Virginia for more than 183 total days during the taxable year, even if you are a domiciliary resident of another state or country."
pg 5-6: https://www.tax.virginia.gov/sites/default/files/vatax-pdf/2021-760-instructions.pdf
6. IF I meet VA's definition of "actual resident" (i.e., "maintained an abode") then should I be filing as a part year VA resident for 2021 taxes even though I lived in VA <183 days (and conversely lived in CA >183 days) in 2021 and my domicile is still CA? Does this sound right?
I don't intend to change my domicile from CA. Would I still complete the VA resident portion first (then CA returns) so credit calculates properly?
7. Also, since it appears I meet VA's definition of "actual resident" then should I be answering:
State of Residence: California (?) Virginia; and answering "yes" to I lived in another state in 2021?
Expanding on my earlier question #5 and your reply:
"5. For next year's (2022) taxes, I'm working and living in VA the whole year, except maybe 3 weeks returning to CA. So will my "State of Residence" for 2022 taxes be VA? and would I be a CA non-resident and a VA resident for taxes? "
>>"For 2022, you will still be a full year California resident and a Virginia nonresident if you are still planning to return to California and you did not change your domicile to Virginia."
For 2022, I am working in VA and living in VA >183 days (and renewing 1 year apartment lease). So VA's tax definition for "actual resident", seems to say I should be filing as a VA resident for 2022. Would I also file as a CA resident (my domicile); and which order do I fill out the returns to ensure the credit calculates properly?
Thank you for helping us all with these questions. I've been pulling out what little hair I have left. 🙂
