Live in WV, Rental property in VA

weihaihao · ‎March 17, 2021

Hi,

Currently, I live (rent an apartment) in West Virginia, but I have rental property in Virginia. Also, my drivers license is VA. should I file WV state tax? I am planning to live in WV for about two more years.

Thank you!

DavidD66 · ‎March 17, 2021

Based on what you have said, you are a West Virginia resident. You should file a West Virginia resident tax return. Since you own a rental property in Virginia, you should file a non-resident Virginia tax return. And although it can be used as evidence of intent, when state residency is in question, having a driver's license in a particular state does not determine residency.

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DavidD66 · ‎March 17, 2021

Based on what you have said, you are a West Virginia resident. You should file a West Virginia resident tax return. Since you own a rental property in Virginia, you should file a non-resident Virginia tax return. And although it can be used as evidence of intent, when state residency is in question, having a driver's license in a particular state does not determine residency.

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TomD8 · ‎March 17, 2021

See WHO MUST FILE on page 15 of this reference:

https://tax.wv.gov/Documents/TaxForms/2020/it140.booklet.pdf

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

weihaihao · ‎March 18, 2021

Dear Dave,

Thanks so much for your help!!!

Another question: do I have to pay any taxes for WV since I made no income in West Virginia?

All the best,

Lily

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Live in WV, Rental property in VA