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New Member
posted Jun 5, 2019 10:24:46 PM

Tax Reciprocity between Md and Va...if I live in Md and sell a house in Va do I need to file the cap gain from sale with Va or Md state income tax return?

Owned house in Va since 2010 as rental.  Always filed income with Md return where I live.  However, sold house this year and there is a capital gain because of depreciation declared over past 5 years.  Do I file capital gain with Md return or should I file a Va return?

0 2 3544
2 Replies
Expert Alumni
Jun 5, 2019 10:24:48 PM

The reciprocal agreement between Virginia and Maryland only pertains to wages.http://townhall.virginia.gov/L/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs%5C161%5CGDoc_...

You would need to file a nonresident tax return with Virginia for the income from the sale of this property. If this was a rental property, you may have been required to file Virginia returns in the past.

The State of Maryland taxes its residents on all of their income, no matter where it came from, but this year, Maryland allows a credit for taxes paid to other states and localities.

First prepare your nonresident return, then your Maryland return, in order to have the credit computed correctly.

Level 3
Jun 5, 2019 10:24:52 PM

I'm a partial year resident (VA to MD), with capital gains in VA. 100% should be owed VA tax and not MD, but no matter what I try I cannot get TT-Premier to reduce what is owed in MD. (This situation does not seem to qualify as taxes paid to other state that I manually enter on Maryland screen. Virginia entry on other hand was very straightforward.)
  Good to know it should work in theory... I'll keep at it, tick-tock-tick-tock!!! -MonaLisaSmirk. (06apr16.)