Should I file with VA if I commute to that state 20% of the time from DC? Exceptions for Certain Nonresidents states a nonresident must commute daily to work.

[aaazor]

I live in Washington, D.C. I work in D.C. 80% of the time. For the other 20%, I commute to VA to work onsite at my company's headquarters. My employer is withholding taxes for both D.C. and VA. Is this correct or should I be exempt from paying taxes to VA because of reciprocity? I'm confused by the statement: "commutes daily to work in Virginia from...the District of Columbia" within the section of 'Exceptions for Certain Nonresidents' within Virginia Form 763.

[Anonymous]

my interpretation of commuting on a daily basis is not that you worked in VA every day but that you didn't stay overnight in VA.  every day that you worked in VA you commuted from your home in DC to VA and when done at the end of the day you commuted back home to DC.     you got nothing to loose by contacting VA's dept of revenue and getting their opinion.  by the way, if I'm right, you file form 760-S to get your withholding back and have your employer stop Va withholding  - not sure what form, if any, would be required  could ask VA when you call.  .