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Karen-in-AZ
New Member

We live in AZ. Husband worked in VA for 3 mos of 2017, had VA taxes w/h during that time. AZ was my home all year and his permanent address. Did he "live out of state"?

Wife & son lived in AZ 12 mos. Husband paid AZ mortgage. Work assignment was accepted on temporary understanding that was fulfilled, i.e. lived in corporate apt with full intention of coming back home (which happened as expected). Income taxes were withheld in VA while he was working there, and in AZ while working here.

TT wants to know if he "lived" out of state for part of the year. Is this a "yes" or "no" in the IRS's eyes?

possibly helpful: we use TT self employed b/c of me, but he is not self employed.

1 Best answer

Accepted Solutions
CarolynM
Level 1

We live in AZ. Husband worked in VA for 3 mos of 2017, had VA taxes w/h during that time. AZ was my home all year and his permanent address. Did he "live out of state"?

No, he never intended to reside in VA. Even though he worked there, he maintained his residence in AZ.

In the eyes of the IRS, he didn't "live" outside of AZ. 

You will need to file a VA Non-Resident income tax return to report the income he earned while there. He should receive a refund of most of the tax withheld. 

For more information about a VA non-resident return, follow this link: Virginia Tax Filings

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2 Replies
CarolynM
Level 1

We live in AZ. Husband worked in VA for 3 mos of 2017, had VA taxes w/h during that time. AZ was my home all year and his permanent address. Did he "live out of state"?

No, he never intended to reside in VA. Even though he worked there, he maintained his residence in AZ.

In the eyes of the IRS, he didn't "live" outside of AZ. 

You will need to file a VA Non-Resident income tax return to report the income he earned while there. He should receive a refund of most of the tax withheld. 

For more information about a VA non-resident return, follow this link: Virginia Tax Filings

Karen-in-AZ
New Member

We live in AZ. Husband worked in VA for 3 mos of 2017, had VA taxes w/h during that time. AZ was my home all year and his permanent address. Did he "live out of state"?

THANK YOU!!
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