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State Tax on Stock awards - but I don't live in that State

I lived in Virginia for 17 years, during that time my company provided me Stock as part of my yearly compensation.  Those stock payouts quarterly over 5 years.  I haven't lived in Virginia for 2 full tax years, but I still am paying taxes for a portion of the stock that is received.  Do I need to file a Virginia State return?

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1 Reply
KrisD15
Expert Alumni

State Tax on Stock awards - but I don't live in that State

Yes, you should file a non-resident Virginia return for a refund.

 

If Virginia state tax was withheld and paid to the State of Virginia, and you have not been a resident of Virginia for at least two years prior to the sale of the stock, you are not obligated to pay Virginia state tax on that income and should file to have that tax refunded. 

 

According to the state of Virginia:

“As such, in the interest of fairness, the compensation earned from the appreciation of stock acquired through ISOs will not be considered Virginia source income for nonresidents provided that the individuals were not residents of Virginia for at least two years prior to the sale of the stock.”

 

 

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