F1 VISA

[Sam Hopi]

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!

[DaveF1006]

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.

[MANI1346]

Thanks a lot.