turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

AD Military - FL resident but stationed in VA, sold my primary home in VA. Do I have to file VA taxes on the gains of the home?

I am Active Duty military and a Florida resident, stationed in Virginia. I sold my primary home in Virgina after four years. Do I have to file VA taxes on the gains of the home even though federally I am under the $250k threshold and domiciled in FL (FL resident).  

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

3 Replies
Carl
Level 15

AD Military - FL resident but stationed in VA, sold my primary home in VA. Do I have to file VA taxes on the gains of the home?

I would say yes, because you have income that is derived in VA. (VA sourced income). But please check with the local base legal office on this, where they have tax professionals trained with the most up-to-date information for your explicit and specific situation.
While you may qualify for the capital gains exception on the federal taxes, that doesn't mean you qualify at the state level. Especially since you are a non-resident of the state.

TomD8
Level 15

AD Military - FL resident but stationed in VA, sold my primary home in VA. Do I have to file VA taxes on the gains of the home?

Virginia does not require you to file if you owe no taxes and will not receive a refund.

https://www.tax.virginia.gov/who-must-file

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
DMarkM1
Expert Alumni

AD Military - FL resident but stationed in VA, sold my primary home in VA. Do I have to file VA taxes on the gains of the home?

As TomD8 states, assuming there is no other VA source income and you qualified for and excluded the home sale gain from federal taxable income, then you would not need to file in VA.  


 

VA starts with the Federal Adjusted Gross Income which, if you qualified, would have excluded the home sale gain up to $250,000.  Further, VA conforms to IRS tax code with only a few exceptions. The home sale exclusion is not an exception and therefore is not an addition to VA income on the form 763 Adj form.  


 

VA Form 763 Instructions (see pages 19-21)


 

Additionally, here is an IRS Publication on the home sale exclusion for additional information.


 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies