You're considered a nonresident of Virginia. According to Virginia state form 763 "Nonresidents of Virginia with Virginia Adjusted Gross Income at or above the filing threshold must file if any of their income
is from Virginia sources. Elsewhere it's less clear whether the income filing threshold refers to only Virginia source income or to all income. Here it says that "nonresidents of Virginia with (all) income at or above the filing threshold must file if any of their income is from Virginia sources." In this case it suggests that income refers to all income, not just Virginia source income. Looking at the Form 763 , page two, it requests total income as well as Virginia source income, and then you calculate whether or not you own Virginia taxes. The clear implication is that you will need to File Virginia Form 763, although you may not owe any Virginia Tax.
A nonresident is a person who is not a domiciliary or actual resident of Virginia, but who received income from Virginia sources during the taxable year.
"Income from Virginia sources" means income derived from labor performed, business conducted, or property held in Virginia, as well as lottery prizes and certain gambling winnings. Nonresidents report their income in the same manner as residents, using Virginia Form 763. An allocation percentage, based on the ratio of Virginia source income to income from all sources, is then applied to arrive at the individual's net Virginia taxable income. You are not required to file if you don't owe any taxes and will not receive a refund.
Form 763 further says that "Filing requirements are based on your residency status and the
amount of your income.
• Nonresidents of Virginia with income at or above the filing threshold must file if any of their income is from Virginia sources.
Answers are correct to the best of my ability but do not constitute legal or tax advice.
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