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Level 3
posted Feb 20, 2024 1:08:55 PM

F1 VISA

Hi

My question is:

If F1 student ( in the year of 5th presence still 1040-NR) has been 365 in Virginia for 2023 with a W-2 from university, should file form 760 of Virginia as a resident or non-resident of Virginia?

 

Thanks for your help!

0 2 133
2 Replies
Expert Alumni
Feb 21, 2024 6:22:36 AM

Yes.  According to State of Virginia guidelines, "A person who lives in Virginia, or maintains a place of abode here, for more than 183 days during the year, or who is a legal (domiciliary) resident of the Commonwealth, is considered a Virginia resident for income tax purposes. Residents file Form 760." You would file as a resident.

Level 2
Feb 23, 2024 7:47:57 AM

Thanks a lot.