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tanyamtsc
New Member

I live in SC about half the time but work in VA. My wife lives full time on SC. I registered my vehicle in SC but still have a VA Drivers License. I did not change my residency and have all my state taxes to VA.

I would like to know how best to proceed with state filing.
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1 Reply
DanielV01
Expert Alumni

I live in SC about half the time but work in VA. My wife lives full time on SC. I registered my vehicle in SC but still have a VA Drivers License. I did not change my residency and have all my state taxes to VA.

It depends.  If you have a residence in Virginia and were present for at least 183 days in Virginia, Virginia considers you a statutory resident.  However, you are a domiciliary resident of South Carolina because that is where your main home is.  This means that you are going to file a South Carolina resident return, Married Filing Joint, regardless of how you file the Virginia return.  For Virginia, you will file one of two ways:

  • Resided in VA less than 183 days, or do not maintain a residence there.  You are a nonresident.  You will file a nonresident return.  Only your income in Virginia is taxed, and South Carolina will give a credit to your income tax you pay to VA on this income.
  • Statutory VA resident.  You would file a Virginia resident return, but Married Filing Separate.  Again, the tax you pay on your income in Virginia is a credit on your South Carolina return.  To file a joint Federal and a Separate State Return, please see this FAQ on how to do this:  https://ttlc.intuit.com/replies/3301995
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