mkiefer22
New Member

Do I have to pay Virginia Taxes on depreciation of rental home I sold?

I sold a rental home located in VA in 2015. After completing my federal taxes, it shows that I will be taxable on 20K of deprecation while it was a rental property. I have not resided in VA since 2011, do I have to pay tax on all 20K to VA?
DS30
New Member

Investors & landlords

Unfortunately yes, you will need to file a nonresident tax return in VA if you need to recognize income from the recapture of depreciation on your rental on your federal income tax return.

Under VA tax law, there is no provision to subtract this recapture amount when you are calculating your VA source income.

For more information about this tax treatment in VA of recaptured depreciation, please refer to this VA tax court ruling on this subject:

http://www.tax.virginia.gov/laws-rules-decisions/rulings-tax-commissioner/95-109