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AHN
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

Our main resident is PA. My husband stayed in MA all year and I worked until September and move to VA in October for a temporary position. I rented a room in VA. I am not sure we should file part-resident or non-resident? It makes me confused.
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Accepted Solutions
ChristinaS
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

If your stay in Virginia was of a truly temporary nature, you shouldn't have had VA taxes withheld. You should have continued to pay in Pennsylvania taxes, as PA and VA have reciprocity. With reciprocity, you are only taxed in the state that you are a resident of for tax purposes. If you are domiciled in PA and spent less than 183 days in VA for a known temporary situation, you are not likely to be considered a VA resident for any portion of the 2016.

http://www.tax.virginia.gov/content/residency-status

VA Form 763S is filed with Virginia to get the withholding back. You can use Turbo Tax, or just fill it out manually.

http://www.tax1.virginia.gov/sites/tax.virginia.gov/files/taxforms/income-tax/2016/763s-2016.pdf

Inside Turbo Tax, in the Virginia nonresident interview, you will come to a screen titled "Tell us more about your 2016 Virginia income" early in the interview. The last check box is "My employer mistakenly withheld Virginia tax from my income".

All of the income will go on your PA return, and you may owe a little bit (or have a smaller refund) because you didn't withhold PA taxes for the VA portion of the year.

If you complete the VA form manually, do not prepare the VA return inside of Turbo Tax. Don't even mention VA.

If your husband was in Massachusetts ALL YEAR, he's likely a Massachusetts resident for tax purposes during 2016. A whole year is a long time. He would have to have extenuating circumstances to be considered a PA resident that whol time (i.e. college student).

Either way, he has a Massachusetts return for sure- either resident or nonresident, depending on additional circumstances which cannot be addressed without a lot more information.

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6 Replies
ChristinaS
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

Did you have PA or VA taxes withheld when you worked in VA? (I ask because PA residents don't pay taxes to VA on wages, due to reciprocity)
AHN
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

VA tax withheld
AHN
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

VA tax withheld
AHN
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

What is different between 763S and 763 FORM?
ChristinaS
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

Form 763 is an actual VA nonresident return for people who should be filing one. When your withholding was in error, you do the 763S as you have no legitimate reason for an actual VA tax return. You just need the taxes withheld back - hence the 763S
ChristinaS
New Member

Part year resident : My main resident is PA and worked until September and worked in VA from October. This is a temporary position.

If your stay in Virginia was of a truly temporary nature, you shouldn't have had VA taxes withheld. You should have continued to pay in Pennsylvania taxes, as PA and VA have reciprocity. With reciprocity, you are only taxed in the state that you are a resident of for tax purposes. If you are domiciled in PA and spent less than 183 days in VA for a known temporary situation, you are not likely to be considered a VA resident for any portion of the 2016.

http://www.tax.virginia.gov/content/residency-status

VA Form 763S is filed with Virginia to get the withholding back. You can use Turbo Tax, or just fill it out manually.

http://www.tax1.virginia.gov/sites/tax.virginia.gov/files/taxforms/income-tax/2016/763s-2016.pdf

Inside Turbo Tax, in the Virginia nonresident interview, you will come to a screen titled "Tell us more about your 2016 Virginia income" early in the interview. The last check box is "My employer mistakenly withheld Virginia tax from my income".

All of the income will go on your PA return, and you may owe a little bit (or have a smaller refund) because you didn't withhold PA taxes for the VA portion of the year.

If you complete the VA form manually, do not prepare the VA return inside of Turbo Tax. Don't even mention VA.

If your husband was in Massachusetts ALL YEAR, he's likely a Massachusetts resident for tax purposes during 2016. A whole year is a long time. He would have to have extenuating circumstances to be considered a PA resident that whol time (i.e. college student).

Either way, he has a Massachusetts return for sure- either resident or nonresident, depending on additional circumstances which cannot be addressed without a lot more information.

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