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!
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.
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.
See WHO MUST FILE on page 15 of this reference:
https://tax.wv.gov/Documents/TaxForms/2020/it140.booklet.pdf