Does DC resident who commutes to VA to work 20% of time and works from home in DC 80% still eligible for VA nonresident exemption?

[mdarena88]

I live in Washington D.C. and work from home or the DC Office 80% of the time. The other 20% of time I commute to Virginia and work from corporate headquarters. I always commute back home to DC afterwards and do not stay in VA overnight. I understand DC and VA have a reciprocal agreement for income tax. But the VA-4 form (and Form 763 Nonresident Individual Income Tax Instructions) indicates that the tax exemption applies if you live in DC "and commute on a daily basis to your place of employment in Virginia." I don't commute everyday, but on the days I do, I always return to DC (which I think is the point). Am I still eligible for the VA non-resident tax exemption if I only commute some days, but always return home to DC? I meet all other requirements (no abode in VA, no other VA source income). 

[TomD8]

I searched the Virginia tax statutes and could not find an answer to your question.  I suggest you contact the Virginia state tax office directly.  Here's a link to their contact info:

https://www.tax.virginia.gov/contact-us