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wrx2005
Returning Member

Need help filing as full year resident in two states

Hello,

I am a legal resident of Indiana and an out of state student renting an apartment in Virginia. I maintain my IN drivers license, car registration, and I voted by mail. According to Virginia law, I qualify as a Virginia "resident" (not part year resident) since I have lived in the state for more than 183 days in 2020. I think this means I need to file as a full year resident for both Indiana and Virginia. It should also be noted that I have made no income in VA. 

TurboTax deluxe does not give me the option to file as a full year resident in multiple states.  Please help!
https://www.tax.virginia.gov/residency-status

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7 Replies
Hal_Al
Level 15

Need help filing as full year resident in two states

Out of state students, even with an off campus residence, are usually not considered residents of the state where the school is, as long as they have a domicile in their home state. Your parent's home is still your domicile.  

wrx2005
Returning Member

Need help filing as full year resident in two states

Hello,

I understand that traditionally that is the way it works, but it seems according to VA law (linked in my original post), I do in fact have to file as a 'resident' of Virginia:

"Students are subject to the same rules for residency and filing requirements as all other filers. For example, if you lived in Virginia for more than 183 days during the taxable year, you are classified as an actual resident, and must file Form 760 even if you maintained your legal residency in another state"

ckuntzman200
Returning Member

Need help filing as full year resident in two states

Were you able to get this figured out? I am in a similar situation and I also cannot get TurboTax to let me file as a resident of two states. 

wrx2005
Returning Member

Need help filing as full year resident in two states

Hey,

 

I ended up filing tax returns in both states. I only owed $7 to Virginia. Not sure why I had to file if I didn't make any income in the state, but seems like no harm, no foul.  

Just realize I didn't really answer your question. Somehow I got it to work. I think I may have just added another entry for the second state when I got to the state tax section, but can't remember exactly.

ckuntzman200
Returning Member

Need help filing as full year resident in two states

Thank you for clarifying. Do you remember if you were able to do that with TurboTax or did you have to use other software/file on paper? I'm asking because I can't get TurboTax to let me file as a full-time resident of two states. 

wrx2005
Returning Member

Need help filing as full year resident in two states

Yes, I was able to do it with TurboTax online. I don't recall how exactly I was able to add the second state return. As I mentioned in my edited comment, I think it allowed me to just add a second entry when I got to the state tax section. There is apparently a way, though!

AmyC
Expert Alumni

Need help filing as full year resident in two states

You can file 2 states as full year resident due to the domiciliary laws. Add another state to your return and select the residency. Which two states are you trying to file as full time resident rather that part year? Maybe there is another issue. They could have an agreement between them - many states do.

@ckuntzman200

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