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posted Jun 4, 2019 3:13:13 PM

I am a Georgia resident renting a home in Va. while attending school in DC. My employer continues to pay me and pays for the school. Do I have to file a Va state return?

My company is paying for rent and utilities as well as providing a per diem while I am going to school. I still maintain my home in Ga. I am registered to vote in Ga. and my cars are still registered in Ga. I an in Va. from Aug 2016 the June 2017.

The school I am attending is the National Defense University. It is a DoD school.

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1 Best answer
Expert Alumni
Jun 4, 2019 3:13:15 PM

It depends.  If you are earning income in Virginia as a nonresident, then you will need to file a Virginia return.  If you are working in DC, this is not Virginia income.  This is income that is taxed to Georgia only (DC does not tax nonresidents).  Your per diem is also not considered taxable income.  You are not a statutory Virginia resident because you are there for less than 183 days.  However, if you were working in Virginia instead of DC, this would be income that would require you to file a Virginia nonresident return.  This income is also taxed in Georgia, but Georgia will give you a credit for the income tax you pay to Virginia on this same income.  Your will want to prepare the VA return first so that TurboTax can calculate that credit accurately.

1 Replies
Expert Alumni
Jun 4, 2019 3:13:15 PM

It depends.  If you are earning income in Virginia as a nonresident, then you will need to file a Virginia return.  If you are working in DC, this is not Virginia income.  This is income that is taxed to Georgia only (DC does not tax nonresidents).  Your per diem is also not considered taxable income.  You are not a statutory Virginia resident because you are there for less than 183 days.  However, if you were working in Virginia instead of DC, this would be income that would require you to file a Virginia nonresident return.  This income is also taxed in Georgia, but Georgia will give you a credit for the income tax you pay to Virginia on this same income.  Your will want to prepare the VA return first so that TurboTax can calculate that credit accurately.