TomD8
Level 15

State tax filing

@juliangomez --

 

If your work is entirely performed from a Florida location, your income from that work is Florida-sourced, not Virginia-sourced.  Work income is sourced where the work is actually (physically) performed, not where the employer is located.

 

Per page 9 of the Virginia employers' withholding guidebook, Virginia tax is to be withheld from non-residents only if they work in Virginia

https://www.tax.virginia.gov/sites/default/files/vatax-pdf/employer-withholding-instructions.pdf

If you never physically work in Virginia, your employer should not be withholding Virginia taxes.

 

If they continue to do so, your recourse at year's end is to file a Virginia non-resident tax return on which you report the VA withholding but allocate zero income to Virginia.  This should result in a full refund of any incorrectly withheld Virginia taxes.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.