Virginia Non-Resident

[paulv7260]

My wife and I live in Florida all year, My employer, not hers, is in Virginia but I work 100% remotely from Florida. TurboTax is indicating that I owe Virginia state income tax. I believe this to be incorrect. What do I need to do to address this? I am planning to file Virginia non-resident with a status of married, filing separately. All of my income from Virginia sources is W-2.

[Hal_Al]

You need to explain more of what's going on.  Was VA tax withheld? If so, why?  Why do you call it "VA source" income. Why are you filing separately, your spouse's income can be excluded. You may need to calculate both ways. 

[paulv7260]

No Virginia income tax was withheld because I set my self-serve payroll system to not to. My employer told me that I would need to file a Virginia non-resident return because his business does not have a corporate presence in Florida.

My wife's employer is here in Florida so she has no connection to Virginia. Last year I filed Virginia part-year resident and pro-rated my taxes. I file married but separate so I though I should do that again.

I never physically worked in Virginia during 2023. Not a single day. I say "Virginia sources" because my employer resides in Virginia.  I'm of the impression that I do not have to file a Virginia return at all.

Thanks!

[Hal_Al · Accepted solution]

Q. I'm of the impression that I do not have to file a Virginia return at all?

A. That is correct. You would only file a VA return, if VA tax was mistakenly withheld. 

Apparently, you mistakenly identified your wages a "VA source" income. 

[paulv7260]

Thank you very much!