am military residing in Virginia, paying state taxes to my HOR, why is Virginia trying to tax me as well?

[juiceefruit30]

I'm unsure of how to file, my options are Resident, Non Resident, and Part Time Resident. My Home of Record is Ohio, which I pay state taxes to. Why is turbo tax generating 2 states for me to file for when I normally don't file a Virginia state tax.  I have been stationed in Virginia for 3 years.

[DanaB27]

Please make sure that you entered Ohio as state of legal residence when TurboTax asked where you lived:

1. Login to your TurboTax Account 
2. Click "My Info" from the left side of your screen
3. Click “Edit” next to your name
4. Please scroll down to “2. Tell us the state(s) you lived in” 

Did you have any other income in VA, like from a second job? If yes then you will have to file a nonresident VA tax return.  If your military income is your only income then you do not have to file a VA return. 

[juiceefruit30]

How do I remove Virginia as a place of residence?  My options are Non Resident, Part Year Resident, and Resident. I have not worked in Virginia, but I do own a home that I reside in currently in Virginia. 

[juiceefruit30]

What would I select for State of Residence? I currently have Ohio(non resident) and Virginia(resident). I have tried to figure out how to remove Virginia, and just have Ohio reflecting my residence. 

[DawnC · Accepted solution]

Okay, you need to remove all references to VA on your tax return.  In the personal information section, select your state of residence as OHIO since that is your HOR.  Do not enter anything about VA in the Personal Info section (unless you worked a civilian job there).

When you go to the State filing tab, you should only complete the Ohio Resident Tax Return.   There should be a delete button next to the Virginia return that you can use to delete it.   It will say Delete or Remove or will have a trash can icon.   But it can be completely removed from your return.   If you sell your home in VA or you work a civilian job in VA, only then would you need to file a VA tax return.  

From the Virginia Department of Revenue - - If the taxpayer is a member of the Armed Forces, or of the U.S. Congress, who is a domiciliary (legal) resident of another state, he or she is not subject to taxation as an actual resident of Virginia even if an abode is maintained in Virginia for more than 183 days.  If the taxpayer has income from Virginia sources other than from active duty or congressional pay, Form 763, Nonresident Income Tax Return, may be required.