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I switched my home of record/taxable state from VA to TX before 31 Dec 2016 and lived in TX the entire year. My W-2 is showing VA tax that was taken out before the paperwork switch. Do I get the VA state tax returned (and if so, how do I do this)? *there

 
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TomD8
Level 15

I switched my home of record/taxable state from VA to TX before 31 Dec 2016 and lived in TX the entire year. My W-2 is showing VA tax that was taken out before the paperwork switch. Do I get the VA state tax returned (and if so, how do I do this)? *there

Are you in the military?  If Virginia was your home of record prior to the switch, Virginia can tax the income you earned up until the date of the official switch.  Therefore it was proper for VA taxes to be withheld up until that point.

If this is your situation, you'll have to file a part-year resident tax return in Virginia.  You may or may not get some of the withheld taxes refunded, depending on whether or not your taxes owed exceeded your withholdings.

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

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1 Reply
TomD8
Level 15

I switched my home of record/taxable state from VA to TX before 31 Dec 2016 and lived in TX the entire year. My W-2 is showing VA tax that was taken out before the paperwork switch. Do I get the VA state tax returned (and if so, how do I do this)? *there

Are you in the military?  If Virginia was your home of record prior to the switch, Virginia can tax the income you earned up until the date of the official switch.  Therefore it was proper for VA taxes to be withheld up until that point.

If this is your situation, you'll have to file a part-year resident tax return in Virginia.  You may or may not get some of the withheld taxes refunded, depending on whether or not your taxes owed exceeded your withholdings.

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