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I have a Virginia drivers license, but I lived and worked in Massachusetts for the whole year. Do I need to file in VA?

 
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DanielV01
Expert Alumni

I have a Virginia drivers license, but I lived and worked in Massachusetts for the whole year. Do I need to file in VA?

It depends, but probably not.  You would file a VA return only in the circumstance that you are in MA temporarily:  you are in Massachusetts for school, an internship, or a temporary job expected to last less than one year (last one probably not the case by your description).  Otherwise, the fact that you have not yet changed over your license does not make you a Virginia resident.  If you maintain a residence in Massachusetts, you are a resident there because you lived at least 183 days there.

In the rare case you do need to file both states, you probably file resident returns for both states, because, as mentioned above you are what is called a statutory resident of MA but a domiciliary resident of Virginia (main residence is there).  In this case you prepare MA first, and then Virginia will give you a credit for the tax you pay to MA on the Virginia return.  But, this is rare and not likely your case.  You more likely will only file MA.

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1 Reply
DanielV01
Expert Alumni

I have a Virginia drivers license, but I lived and worked in Massachusetts for the whole year. Do I need to file in VA?

It depends, but probably not.  You would file a VA return only in the circumstance that you are in MA temporarily:  you are in Massachusetts for school, an internship, or a temporary job expected to last less than one year (last one probably not the case by your description).  Otherwise, the fact that you have not yet changed over your license does not make you a Virginia resident.  If you maintain a residence in Massachusetts, you are a resident there because you lived at least 183 days there.

In the rare case you do need to file both states, you probably file resident returns for both states, because, as mentioned above you are what is called a statutory resident of MA but a domiciliary resident of Virginia (main residence is there).  In this case you prepare MA first, and then Virginia will give you a credit for the tax you pay to MA on the Virginia return.  But, this is rare and not likely your case.  You more likely will only file MA.

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