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Level 1
posted Mar 17, 2021 2:10:46 PM

Live in WV, Rental property in VA

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!

 

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1 Best answer
Expert Alumni
Mar 17, 2021 2:49:01 PM

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.  

3 Replies
Expert Alumni
Mar 17, 2021 2:49:01 PM

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.  

Level 15
Mar 17, 2021 2:57:50 PM

See WHO MUST FILE on page 15 of this reference:

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

 

Level 1
Mar 18, 2021 10:19:25 AM

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