Virginia State Tax Rulings
Free plain-English summaries of state tax letter rulings and advisory opinions issued in Virginia, with full citations and the original source on every page.
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If Virginia abated my tax bill in a prior year after I said I'd moved out of state, can I rely on that as "written advice" to avoid a new assessment for a later year with the same facts?
No -- not unless that prior abatement came with a genuine domicile review and an explanation the taxpayer could actually rely on. Here, a taxpayer who moved through several states for work, then to "S…
My spouse and I moved to another state for a multi-year teaching job we intended to be permanent, but we stayed with family there and kept our Virginia home, license, and voter registration -- does that defeat our domicile change?
Yes -- a domicile change requires BOTH genuinely establishing a new domicile AND abandoning the old one, and here the taxpayer fell short on both. He took a 2.5-year university teaching job in another…
My employer rotates me through long-term temporary job assignments in different states before I return to Virginia -- does a year-long assignment in another state make me a resident there instead of Virginia?
No -- a temporary job assignment, no matter how long it lasts, doesn't by itself show you intend to make that location your new permanent home, which is what's required to establish a new domicile. He…
My military spouse and I moved to Virginia on his orders -- do I automatically share his out-of-state domicile and avoid Virginia income tax, even though I got a Virginia driver's license and never re-established my own connections in his home state?
No -- the federal Military Spouses Residency Relief Act only exempts a military spouse from Virginia income tax if the spouse ACTUALLY shares the same domicile as the servicemember, and that requires …
My spouse and I moved to Canada for work and applied for Canadian permanent residency -- does the U.S.-Canada tax treaty, or our move itself, mean Virginia can no longer tax us?
The tax treaty itself doesn't help -- the U.S.-Canada income tax convention applies only to federal taxes, not to state and local taxes like Virginia's, so it can't by itself shield you from Virginia …
I'm away at college in another state -- does that make me a resident there instead of Virginia for state income tax purposes?
No -- attending college in another state doesn't, by itself, establish a new domicile there; the Department's experience is that college students rarely establish domicile where they go to school, and…
I moved out of Virginia years ago but kept my old Virginia driver's license, vehicle registration, and voter registration out of convenience -- does that mean I never actually changed my domicile?
Not necessarily -- retaining a Virginia driver's license, vehicle registration, and voter registration purely out of convenience didn't defeat this taxpayer's domicile change, because the stronger evi…
I live and work in Maryland now, but I still own my old Virginia house and renewed my Virginia driver's license -- doesn't the Virginia-Maryland reciprocity agreement mean I don't owe Virginia tax?
No -- Virginia's reciprocal income tax agreement with Maryland only exempts someone who's purely a Maryland resident with no Virginia domiciliary ties; it doesn't apply to a 'dual resident' who remain…
The Department asked me for more documents to support my domicile-change claim and I haven't responded yet -- what happens to my assessment?
If you don't respond to the Department's follow-up requests for supporting documentation on a claimed domicile change, the Department will find you haven't met your burden of proving the change and tr…
My husband is in the military and we were stationed overseas -- I thought the Servicemembers Civil Relief Act meant I couldn't be taxed by Virginia during that time, but the Department disagreed. Why?
The Servicemembers Civil Relief Act (SCRA) and its Military Spouses Residency Relief Act (MSRRA) amendment only protect a spouse who SHARES the servicemember's domicile -- they don't apply if the spou…
The IRS told Virginia I might owe tax and I'd never filed a return -- I argued I actually live in another state, but I kept renewing my Virginia driver's license and car registration the whole time. Do I still owe Virginia tax?
Yes, she remained taxable as a Virginia domiciliary resident. The Department learned from the IRS that this taxpayer likely owed Virginia tax for 2017 but had never filed a return; when asked for info…
The IRS flagged me to Virginia as a possible non-filer, and I proved I actually live in another state -- am I completely off the hook, or could I still owe Virginia something?
You can win the residency fight and still owe Virginia a return. The IRS told Virginia this taxpayer might have needed to file a 2017 return; when he didn't respond to the Department's initial informa…
I separated from my spouse, moved to another state for work, and leased an apartment there -- but I still jointly owned our Virginia home and kept my Virginia license and car registrations. Did I successfully change my tax domicile away from Virginia?
No -- his ongoing Virginia ties, combined with a shaky commitment to the new state, meant he never actually abandoned his Virginia domicile. After separating from his spouse in 2017, the taxpayer took…
My spouse and I signed a contract to buy a home in another state and took an IRA distribution to fund it before we actually moved out of Virginia -- is that distribution taxed as Virginia income or as income from our new state?
Virginia income -- an intent to move isn't enough by itself; you have to actually be physically present in the new state before your old domicile is legally abandoned. A couple signed a contract to bu…
I moved out of state for work, leased housing there, and spent more nights there than in Virginia -- but my family, home, driver's license, and voter registration all stayed in Virginia. Am I still a Virginia resident for tax purposes, and does it matter that the Department cleared me in an earlier audit?
Yes, still a Virginia domiciliary resident -- physically spending more nights in another state doesn't abandon Virginia domicile when strong personal ties remain here. A taxpayer took a full-time job …
I work for the U.S. Department of State and moved to Virginia partway through the year for a work assignment based elsewhere -- does Virginia tax my whole year of income, and can I still claim credit for tax I paid to my home state?
No -- Virginia only taxes you as a resident from the date you actually move in, not for the whole year, even if you end up physically present more than 183 days total. A State Department employee leas…
My spouse took a fixed two-year federal government posting abroad, and we moved our bank accounts, phones, and health insurance there -- but we'd always planned to move to a different U.S. state once the assignment ended. Did we successfully abandon our Virginia domicile?
No -- a temporary, fixed-term overseas work assignment generally doesn't establish a new domicile, especially when the taxpayers' own plan was to move somewhere else entirely once the assignment ended…
I moved to another state for a new job, got a driver's license and voted there, but kept my unexpired Virginia driver's license and a car titled with my dad -- did I successfully change my domicile away from Virginia?
Yes -- this taxpayer successfully established a new domicile outside Virginia, a useful contrast to cases where a similar move failed. She took a new job in another state in late 2016 intending to sta…
I moved out of Virginia years ago, but I renewed my Virginia driver's license after the move and didn't switch my voter registration until much later -- does that mean I never actually gave up Virginia domicile for tax purposes?
Yes, on these facts -- renewing (not just holding onto) a Virginia driver's license years after your claimed move date is treated as very strong evidence you never actually abandoned Virginia domicile…
I moved out of Virginia and set up a home, license, and voter registration in another state, but I never gave up my Virginia driver's license or voter registration -- have I actually changed my domicile for tax purposes?
No -- changing your domicile requires both abandoning your old home state AND establishing a new one, and here the husband only showed the second half. He had real ties to his new state (State A) -- p…
I moved out of Virginia for work years ago but kept my old house as a rental, a car co-registered with my mother, my Virginia driver's license until recently, and an old inactive voter registration -- did I still manage to change my domicile out of Virginia?
Yes -- this taxpayer successfully changed his domicile away from Virginia, even though he kept several Virginia connections, because the Department found credible, non-domicile-driven explanations for…
I work and live abroad most of the year for my job, but my family has been steadily building up Virginia ties -- a condo, driver's licenses, voter registration, a business -- while I mostly just visit in summers. Am I a Virginia resident for tax purposes?
Based on the specific facts presented, probably not yet a Virginia domiciliary resident -- but this is an unusually cautious ruling in which the Department expressly declined to give a firm, final ans…
I took a temporary federal job requiring me to live near Virginia for years and even registered a vehicle there -- does that mean I became domiciled in Virginia for tax purposes?
Not automatically -- living somewhere for work, even for years, isn't domicile unless you actually abandon your old home state with no intent to return. A federal employee took a temporary position re…
I'm appealing a Virginia tax assessment and claiming I was a resident of another state, but I never actually filled out Virginia's domicile questionnaire -- what happens now?
The taxpayer gets one final chance to actually provide the information -- but simply claiming residency elsewhere, without responding to the Department's request for proof, doesn't work. Virginia lear…
I'm a Virginia domiciliary who went to college out of state and earned summer internship wages in a different state -- do I still owe Virginia income tax on those wages?
Yes, unless he can show he actually abandoned his Virginia domicile -- and the facts here pointed the other way. A Virginia resident who enrolled in college out of state (a different state than his su…
I moved to another state for a new job and lived there all year, but I kept my Virginia driver's license and car registration -- am I still a Virginia resident for income tax purposes?
No -- physically living and working in another state for a full year doesn't by itself establish that you've abandoned your Virginia domicile; you must prove BOTH an intent to abandon Virginia permane…
The IRS flagged that I never filed a Virginia return, but I was living and working in another state that year with employer-provided housing -- am I still on the hook as a Virginia resident?
No -- working and living in another state under employer-provided housing doesn't establish that you've abandoned your Virginia domicile if the arrangement's permanence is unclear and you kept strong …
I graduated college in another state, got a job and leased apartments there, and filed that state's tax return -- but I kept voting in Virginia elections -- does that mean I never actually left Virginia for tax purposes?
No, the domicile change failed -- continuing to register and actually vote in Virginia elections is treated as VERY strong evidence a person still considered Virginia their permanent home, and that al…
I moved to Virginia partway through the year -- the Department assumed I was a full-year Virginia resident, but I filed a part-year return. Who's right?
A couple who moved to Virginia from another state in 2016 won their appeal after the Department initially assumed they were full-year Virginia domiciliary residents and adjusted their part-year return…
What does Virginia Ruling of the Tax Commissioner P.D. 21-39 conclude about Residency: Domicile - Failure to Abandon Virginia Domicile; Administration : Written Advice - Previous Audit Abatement?
The taxpayer remained a Virginia domiciliary resident for 2015-2017 despite claiming to live and work in another state, because he kept a Virginia home, vehicle registration, and driver license, and, …
I live in Maryland most of the year but still own a home and vote in Virginia -- can I claim a Virginia credit for the Maryland tax I paid?
Yes -- because the taxpayer was a "dual resident," the Virginia-Maryland reciprocal agreement didn't apply, and he was entitled to claim a credit for the tax he paid to Maryland. He spent 290 nights i…
What does Virginia Ruling of the Tax Commissioner P.D. 21-31 conclude about Residency : Part-Year - Moved to Virginia?
The Department agreed the taxpayer should be treated as a part-year Virginia resident, not a full-year resident, because he moved to Virginia in August 2017; he must file Form 760PY reporting only the…
What does Virginia Ruling of the Tax Commissioner P.D. 21-30 conclude about Administration : Appeal - Reconsideration; Residency : Domicile - Different States, Decree of Divorce?
Two separate issues. For 2014: the taxpayer's request to reconsider an earlier determination (P.D. 19-79) arrived well after the 45-day deadline, so that assessment stands regardless of the merits. Fo…
Did this taxpayer succeed in proving he had changed his domicile from Virginia to Maryland, and could he still get credit for the Maryland tax he paid?
NO, the taxpayer did not establish a change of domicile to Maryland -- he failed to provide the Department with documentation supporting his claimed Maryland domicile, so the Virginia resident assessm…
Can a Virginia resident claim a credit for income tax paid to California if the spouse is also an actual resident of California?
Possibly yes -- Virginia normally denies the credit for tax paid to California because California lets a Virginia resident claim the credit instead, but if the husband was truly an actual (dual) resid…
Did a taxpayer who moved abroad in 2018 successfully change his domicile away from Virginia, entitling him to a refund of Virginia income tax withheld from a 2019 retirement distribution?
Yes -- the Tax Commissioner found the Taxpayer changed his domicile to Country A when he moved there in November 2018, and directed that his Form 763-S nonresident withholding refund claim be processe…
What does Virginia Ruling of the Tax Commissioner P.D. 20-187 conclude about Residency : Domicile - No Virginia Domicile Established?
The Tax Commissioner abated the assessment: the taxpayer proved he did not become a Virginia domiciliary or actual resident until 2018, so he owed no Virginia individual income tax for 2017.
What does Virginia Ruling of the Tax Commissioner P.D. 20-181 conclude about Residency : Domicile - Change, Part-year?
The Tax Commissioner found that the taxpayer had abandoned Virginia domicile in 2015 but re-established it in October 2017 by leasing a Virginia residence and registering a vehicle there, making him a…
What does Virginia Ruling of the Tax Commissioner P.D. 20-180 conclude about Residency : Domicile - Change Requires Both Abandoning One Domicile and Obtaining A New One.?
The Tax Commissioner abated the Virginia resident income tax assessments because the taxpayer had not yet completed a change of domicile to Virginia for 2016-2017 -- he still lived and worked mostly i…
If I temporarily moved to California for work and paid California tax, do I still owe Virginia income tax as a domiciliary resident, and can I claim a credit for the California tax?
Yes to both. The Tax Commissioner ruled the taxpayer remained a Virginia domiciliary resident despite living in California for nine months in 2016 (he never abandoned Virginia and returned to his Virg…
If I move abroad and Virginia later says I was still a full-year resident, how do I show I changed my domicile and become a part-year filer instead?
Partly granted: the Tax Commissioner found the taxpayer did abandon his Virginia domicile, but only as of late September 2015 (not earlier as claimed), so the original full-year-resident assessment wa…
Did keeping a Virginia driver's license and two registered vehicles make this taxpayer a taxable Virginia domiciliary resident for 2016 and 2017, despite living out of state?
No — the Department abated the assessments. The taxpayer kept some Virginia ties (a driver's license obtained in June 2016 and two vehicles registered in 2014), but he had not physically resided in Vi…
Does getting a Virginia driver's license and vehicle registration make me a Virginia resident for income tax before I actually move here?
No -- the assessment was abated. Establishing a Virginia domicile requires both physical presence in Virginia and the intent to remain permanently or indefinitely; neither one alone is enough. This ta…
As the spouse of a service member stationed in Virginia, do I owe Virginia income tax if I've started putting down roots here but haven't fully cut ties with my home state?
No -- the assessment was abated. A military spouse stationed in Virginia with his service-member wife was assessed Virginia income tax as a resident, but the Commissioner found he remained domiciled i…
Did a retiree living in another country abandon his Virginia domicile when he kept a Virginia home, driver's license, and voter registration and spent months a year in Virginia?
No -- he remained a Virginia domiciliary resident and stayed taxable for 2015 and 2016. A retiree moved to Country A for his spouse's health but kept a Virginia home, a Virginia driver's license, a Vi…
Did a retiree who registered to vote in another state, inherited a home there, and later moved his license and vehicle successfully change his domicile out of Virginia for 2014?
Won -- the assessment was abated. On reconsideration of P.D. 19-103, the Commissioner found this retiree had successfully changed his domicile to another state by the 2014 tax year. He moved there in …
Did a couple who moved abroad for work change their Virginia domicile, and did rent from their retained Virginia home remain taxable?
Yes, they changed domicile before 2015. Their initially temporary 2012 assignment became indefinite in 2014; they leased a foreign residence, obtained local driver's licenses, registered a vehicle, di…
How does Virginia treat a taxpayer who is a California actual resident but retains Virginia domicile, and where is the California tax credit claimed?
The taxpayer remained a Virginia domiciliary resident because her California employment began as temporary and she retained Virginia property, voter registration, vehicle registration, and a driver's …
Could Virginia tax an individual as a domiciliary resident for 2016 after a prior ruling had already concluded she did not re-establish Virginia domicile until 2017?
No. P.D. 19-83 had already concluded in the taxpayer's 2015 case that she could not have re-established Virginia domicile until she returned to the United States and began residing in Virginia in 2017…
Did working in another state and spending fewer than 183 days in Virginia change a consultant's Virginia domicile when he stayed in a hotel and kept Virginia ties?
No. The husband may not have been an actual resident under the 183-day test, but he remained a Virginia domiciliary resident. His hotel in the work state was not a permanent or indefinite residence, a…
Did a couple change domicile from Virginia during a two-year move when they initially stayed with a relative and retained Virginia property, licenses, and vehicles?
Yes. Although the move took two years and the couple retained Virginia ties during the transition, the evidence showed a continuing process of establishing domicile in the new state: living there, att…
Did a military couple establish Virginia domicile before the wife's active-duty assignment despite claiming another state as home of record?
Yes. They voluntarily moved to Virginia in May 2015, obtained a Virginia license and vehicle registrations, leased and later bought a home, and had no definite departure plan. The wife's active-duty a…
Is a discharged servicemember's severance pay taxable by Virginia when he received it after separation while still living in Virginia?
Yes. A servicemember was discharged in January 2015 and received his final military pay plus a severance payment in February 2015. He left those amounts out of his federal adjusted gross income, but t…
Was a military spouse a Virginia resident in 2014, and could she avoid the assessment because Department live-chat advice told her not to file?
Yes on residency, but the assessment had to be abated. The taxpayer's Virginia license, vehicle registrations, long-term Virginia home, prior resident return, and weak evidence of a continuing domicil…
If I move to Maryland but keep my Virginia driver's license, have I abandoned my Virginia domicile for income tax?
She did not abandon it. A taxpayer who moved to Maryland still owed Virginia tax as a domiciliary resident for 2015 because she couldn't prove she had truly given up her Virginia domicile. To change d…
If a person is not a Virginia resident but works part of the week in Virginia, does he still owe Virginia income tax on his Virginia earnings?
Yes -- even as a nonresident he owed Virginia income tax on his Virginia-source income. The IRS flagged that the taxpayer may have had to file a 2016 Virginia return; when he did not respond to the De…
Did a taxpayer who kept Virginia ties and never answered the Department's domicile questionnaire remain taxable as a Virginia domiciliary resident?
Yes -- the assessment was upheld and the taxpayer remained a Virginia domiciliary resident. After the IRS flagged that the taxpayer may have owed Virginia tax for 2014 and no return was on file, the D…
Did a 5-year employer transfer to another state end my Virginia domicile if I kept my Virginia home, license, and voter registration?
No -- he remained a Virginia domiciliary resident for 2015. A taxpayer transferred by his employer to another state (State A) for about five years bought a home and built community ties there, but he …
Is a servicemember's spouse who registers to vote, gets a Virginia driver's license, and lives in Virginia still exempt from Virginia income tax under the Servicemembers Civil Relief Act?
The military spouse lost. The Servicemembers Civil Relief Act can let a servicemember's spouse keep an out-of-state domicile while stationed in Virginia, but only if the spouse actually maintains that…
If I work abroad on an employer-sponsored visa but keep a Virginia driver's license and voter registration, have I abandoned my Virginia domicile?
No. A Virginia taxpayer who took an indefinite executive job abroad still owed Virginia income tax as a domiciliary resident for 2014 because he couldn't prove he intended to abandon his Virginia domi…
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These are official tax letter rulings and advisory opinions issued by Virginia's revenue authority in response to questions from specific taxpayers about how the tax law applies to their facts. A ruling is binding on the department only for the taxpayer who requested it and cannot be relied on by anyone else, but it is strong evidence of how the state reads the law. Every ruling above has a plain-English question and short answer, plus a link to the full original source.