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phofrenchie
New Member

Work in MD, moved from MD to VA in August 2017. Do I file MD or VA income tax withholding?

I only plan to live in VA until February 2018 so my move here is somewhat temporary (either move back to MD or to DC). My car is registered in MD and my mailing address is a temporary PO box in VA.

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TomD8
Level 15

Work in MD, moved from MD to VA in August 2017. Do I file MD or VA income tax withholding?

It depends on your state of domicile and your length of stay in VA.

If you literally moved to VA in August (you gave up your home in MD), then you became a VA domiciliary resident at that time, and all your income from that point on became subject to VA income tax.  In that case you'd want your employer to withhold VA tax.  (Your domicile is your permanent home.  You can only have one domicile.)  https://www.tax.virginia.gov/residency-status

But if you maintained your domicile in MD after you went to VA, then you'd remain an MD resident for state tax purposes, and you'd want your employer to withhold MD taxes.  But also note that if you stay in VA more than 183 days of a tax year, VA would then consider you a resident by statute, and would tax you as a VA resident.  http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Filing_Information/D...

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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3 Replies
TomD8
Level 15

Work in MD, moved from MD to VA in August 2017. Do I file MD or VA income tax withholding?

It depends on your state of domicile and your length of stay in VA.

If you literally moved to VA in August (you gave up your home in MD), then you became a VA domiciliary resident at that time, and all your income from that point on became subject to VA income tax.  In that case you'd want your employer to withhold VA tax.  (Your domicile is your permanent home.  You can only have one domicile.)  https://www.tax.virginia.gov/residency-status

But if you maintained your domicile in MD after you went to VA, then you'd remain an MD resident for state tax purposes, and you'd want your employer to withhold MD taxes.  But also note that if you stay in VA more than 183 days of a tax year, VA would then consider you a resident by statute, and would tax you as a VA resident.  http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Filing_Information/D...

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
phofrenchie
New Member

Work in MD, moved from MD to VA in August 2017. Do I file MD or VA income tax withholding?

Thanks for the response! I gave up my domicile in MD as of late August when I moved to VA. By the end of 2017, I'll have lived in VA for only 133 days. I'm going to file to withhold VA income tax.
TomD8
Level 15

Work in MD, moved from MD to VA in August 2017. Do I file MD or VA income tax withholding?

OK.  That means that for 2017, you'll be filing a part-year resident return in each of the two states.  This FAQ explains how to do that in TurboTax: <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1901227-how-do-i-file-a-part-year-state-return">https://ttlc.intui...>
**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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