What is minimum days of travel to Virginia for State Tax requirement and how is it calculated based on days in VA?

[mhuber1234]

If you are in sales and work out of Indiana, but travel to Virginia for up to 20 days, do you have to file state tax forms?  If yes, how does Virginia calculate State Tax due based upon days in Virginia ?

[MaryK4]

Virginia only requires nonresidents to file a tax return if their Virginia adjusted gross income is more than:

• Single or married filing separately$11,950
• Married filing jointly$23,900

For sales, if you are paid salary you could divide by number of days, but if commissions to Virginia businesses are above the thresholds, you should file.  

[mhuber1234]

What if you have base salary and commissions. Assume base by day then commissions based only on commisions from va companies?   My company calculated a number and seems to be based on all earnings all companies by day on a W2

[JohnB5677]

Your calculation description you gave was perfectly acceptable.  Is the number they calculated reasonable? If the number is included as state wages on your W-2 you cannot simply change it.  You will have to accept the number they have, or request an adjusted number from your employer.

[mhuber1234]

Thank you

[KarenJ2]

I cannot find any minimum days of travel to Virginia before you have to file.  On the nonresident Virginia form 763, you need to allocate your federal return to determine your VA source income.

2019 VA Form 763

2019 VA Form 763 instructions