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Kattibess
Returning Member

State taxes

Hello, I live in WV and work in VA. However, in 2023 my employer had it to where I was only paying taxes to VA. So I ended up owing everything back to WV. I told HR they needed to fix it and they gave me a withholding form to fill out for VA. I filled it out and so last year 2024.. I was finally paying taxes for WV, but I was also paying for VA still! I now once again owe the state of WV and I now have to mail in my state return for VA because of the witholding form. I talked to HR about fixing it to where I only pay taxes to WV and was there is nothing she can do. Can anyone tell me what form do I need to fill out? 

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6 Replies
MaryK4
Employee Tax Expert

State taxes

Because West Virginia and Virginia have a reciprocity agreement, you only have to file and pay income tax to your resident state.  Virginia allows you to file a Form 763-S to claim a refund instead of having to file a nonresident return.  

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Kattibess
Returning Member

State taxes

Yes I am aware of that form. I already have it filled out and ready to mail in with a copy of my W-2 and a statement as to why my taxes were withheld. However, what can I do to only have taxes come out for WV moving forward? I got my paystub today and again they are only taking taxes out for VA and not WV. I should only be paying taxes for the state I live in. But I need to know what form do I fill out to make this happen? I can’t keep owing money to the state of WV every year. 

Hal_Al
Level 15

State taxes

It's a shame that your employer cannot get it done right. But, it's not that unusual. They just do what's easy for them.  You probably can't convince them to withhold for WV, but it should be easy for them to stop withholding for VA.  Submit form VA-4 to payroll/HR. 

https://www.tax.virginia.gov/sites/default/files/taxforms/withholding/any/va-4-any.pdf

Check the box on line 3. 

I certify that I am not subject to Virginia withholding. l meet the conditions
set forth in the instructions .................................................................................(check here) []

 

You'll need to make quarterly estimated payments to WV, if your employer will not withhold for WV.

Kattibess
Returning Member

State taxes

Once I fill this form out does the mean I’ll start paying taxes to WV? 

Hal_Al
Level 15

State taxes

Q. Once I fill this form out does the mean I’ll start paying taxes to WV? 

A. No.  It only means you'll stop paying (withholding) taxes to VA. 

Kattibess
Returning Member

State taxes

Then how do I get the taxes to come out for WV then? 

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