Virginia Free Printable  for 2016 Virginia Nonresident Income Tax Instructions

Nonresidents of Virginia need to file Form 763 for their Virginia income taxes. use this booklet to help you fill out and file your nonresident income tax form.

We last updated the Nonresident Income Tax Instructions in April 2016, so this is the latest version of Form 763 Instructions, fully updated for tax year 2015. You can download or print current or past-year PDFs of Form 763 Instructions directly from TaxFormFinder. You can print other Virginia tax forms here.

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Nonresident Income Tax Instructions
Form 763 Instructions

2015 Virginia Form 763 Nonresident Individual Income Tax Instructions Commonwealth Of Virginia Department Of Taxation 2614090 WEB Rev. 12/15 Virginia Tax Online Services www.tax.virginia.gov Get Your Tax Refund Fast Using e-File Last year, over 3.2 million Virginia taxpayers used IRS e-File services to file their state and federal income tax returns. e-File is fast, safe and convenient. Use one of these Electronic Filing (e-File) options offered by participating software companies: • Free File - A free federal and state income tax preparation and electronic filing program available to taxpayers based on income and other eligibility requirements. • Paid e-File - Commercial tax preparation and e-File software available online or over-the-counter for personal use and through tax preparers. Visit www.tax.virginia.gov to find out more about these options, including links to e-File providers. Look Up Your Form 1099-G/1099-INT Information Online • Form 1099-G/1099-INT may be downloaded securely and printed from www.tax.virginia.gov. Check Your Refund Status e-File combined with Direct Deposit is the fastest way to receive your refund. Visit www.tax.virginia. gov or call (804) 367-2486 to check your status. See below for approximate refund turnaround time frames. To reduce the risk of refund fraud, the Virginia Department of Taxation uses various processes to validate tax refunds prior to issuance. These processes could delay the receipt of your refund. • If you e-File and request a Direct Bank Deposit, your refund will be issued in about 2 weeks. It will take about 3 weeks if a Direct Bank Deposit is not requested. • If you file a paper tax return and request a Direct Bank Deposit, your refund will be issued in approximately 8 weeks. It will take about 9 weeks if a Direct Bank Deposit is not requested. • If you mail your tax return using Certified Mail, it could take an additional 1 to 3 weeks before the Department receives it from the Post Office. Make Online Payments • Make an Estimated Tax Payment, a Filing Extension Payment, a Return Payment or pay a Tax Bill online using Bank Debit or EFT Debit. Visit www.tax.virginia.gov. • Pay by credit or debit card at www.officialpayments.com or call 800-2PAY-TAX. Need Help? The Department’s website contains valuable information to help you. • Laws, Rules & Decisions – For easy access to the Code of Virginia, Tax Regulations, Legislative Summaries, Rulings by the Tax Commissioner, Tax Bulletins and Attorney General Opinions. • Online Calculators – Use the Department’s online Age Deduction Calculator, Spouse Tax Adjustment Calculator or Tax Calculator to help you with your taxes. • e-Alerts - Sign up and stay informed. By subscribing, you will periodically receive automatic email notifications regarding legislative changes, filing reminders and other relevant information. Table of Contents What’s New.................................................................................................................................................. 1 Reminders.................................................................................................................................................... 2 General Information ................................................................................................................................... 3 Where to Get Forms and Assistance . ..................................................................................................... 3 Estimated Income Tax Filing. .................................................................................................................... 3 . Amended Return Filing. ............................................................................................................................ 3 . Deceased Taxpayers................................................................................................................................. 3 Record Keeping. ....................................................................................................................................... 4 . Filing Requirements ................................................................................................................................... 4 Residency Status...................................................................................................................................... 4 . Which Form to File.................................................................................................................................... 5 When to File.............................................................................................................................................. 6 Where to File............................................................................................................................................. 7 Balance Due Returns................................................................................................................................ 7 Avoid Common Mistakes . ......................................................................................................................... 7 How to Assemble Your Return .................................................................................................................. 7 Form 763 Line Instructions........................................................................................................................ 8 Name, Address and Social Security Number (SSN)................................................................................. 8 . Check Boxes............................................................................................................................................. 8 Filing Status. ............................................................................................................................................. 8 . Exemptions. .............................................................................................................................................. 9 . Age Deduction Worksheet........................................................................................................................11 Payment Options..................................................................................................................................... 15 Refund Options....................................................................................................................................... 15 . Nonresident Allocation Percentage Table................................................................................................ 15 Line Instructions for Virginia Schedule 763 ADJ................................................................................... 16 Fixed Date Conformity Update................................................................................................................ 16 Additions to Federal Adjusted Gross Income.......................................................................................... 16 Subtractions from Federal Adjusted Gross Income................................................................................. 17 Deductions from Virginia Adjusted Gross Income................................................................................... 20 Computation for Tax Credit for Low-Income Individuals or Virginia Earned Income Credit..................... 22 Addition to Tax, Penalty and Interest....................................................................................................... 23 Instructions for Virginia Schedule VAC. ................................................................................................. 24 . Virginia College Savings Plan (Virginia 529) Contributions..................................................................... 24 Other Voluntary Contributions................................................................................................................. 24 Line Instructions for Virginia Schedule OSC. ........................................................................................ 30 . Credit for Taxes Paid to Another State.....................................................................................................30 . Tax Rate Schedule and Tax Table............................................................................................................ 32 Mailing Addresses and Telephone Numbers ................................................... Back Cover of this Booklet WHAT’S NEW Virginia’s Fixed Date Conformity with the Internal Revenue Code: Virginia’s date of conformity with the Internal Revenue Code (IRC) was advanced from January 2, 2013 to December 31, 2014, with limited exceptions. Virginia will continue to disallow any bonus depreciation allowed for certain assets under IRC §§ 168(k), 168(l), 168(m), 1400L and 1400N; the fiveyear carryback of federal net operating loss deductions generated in Taxable Year 2008 or 2009; and federal income tax deductions for applicable high yield discount obligations under IRC § 163(e)(5)(F). At the time these instructions went to print, the only required adjustments for “fixed date conformity” were those mentioned above. However, if federal legislation is enacted that results in changes to the IRC for the 2015 taxable year, taxpayers will be required to make adjustments to their Virginia returns that are not described in the instruction booklet. Information about any such adjustments will be posted on the Department’s website at www.tax.virginia.gov. associated registration and licensing requirements. The provisions do not apply to any transaction taxes and fees, including but not limited to, motor fuels taxes, sales and use taxes, transient occupancy taxes, and car rental taxes and fees based on purchases, leases, or consumption in Virginia. For details, visit www.tax.virginia.gov. Neighborhood Assistance Act Tax Credit: Physician specialists who donate specialty medical services to patients who are referred from certain approved neighborhood organizations whose sole purpose is to provide specialty medical referral services to patients of participating clinics are now eligible for this credit regardless of where the physician specialist performs the specialty medical services. Recyclable Materials Processing Equipment Tax Credit: Changes include (i) extending the expiration date of the credit to January 1, 2020; (ii) increasing the credit allowed from 10% to 20% of the purchase price of qualifying machinery and equipment; and (iii) establishing a $2 million in annual credit cap. Refund Options: Effective January 1, 2016, the refund debit card option is no longer available. Individual refunds will be issued only by check or direct deposit to taxpayers’ checking or savings accounts. Direct deposit is the fastest way to get your refund. To have your refund deposited directly into your bank account, fill in the banking information on your return. Otherwise, your refund will be issued as a check. Land Preservation Tax Credit: Several changes were made to the credit. The maximum amount of tax credits that may be issued in each calendar year was reduced from $100 million to $75 million beginning in 2015. The maximum Land Preservation Tax Credit that each taxpayer may claim is reduced from $100,000 in Taxable Year 2014 to $20,000 in Taxable Years 2015 and 2016, and to $50,000 for each taxable year thereafter. However, for any qualifying fee simple donation of land conveyed to the Commonwealth on or after January 1, 2015, the amount of credit claimed by each taxpayer would be limited to $100,000. The Department of Taxation is prohibited from issuing any tax credit for a donation from any allocation or pool of tax credits attributable to a calendar year prior to the year in which the complete tax credit application for the donation was filed. In addition, for land or an interest in land conveyed on or after July 1, 2015, no credit will be allowed unless a completed credit application with regard to such conveyance has been filed with the Department of Taxation by December 31 of the year following the calendar year of the conveyance. Refund debit cards issued over the past three years with an outstanding balance are still valid and may continue to be used. Subtraction for Discharge of Student Loans: Effective for taxable years beginning on and after January 1, 2015, an individual income tax subtraction is allowed for any income attributable to the discharge of a student loan solely by reason of the student’s death. This subtraction is not applicable to the discharge of private loans, nor would it apply to the discharge of loans that are already excluded from federal income taxation. Subtraction for Certain Long-Term Capital Gain: The sunset date for making investments in certain high technology businesses that qualify for this subtraction is extended from June 30, 2015 to June 30, 2020. Green Job Creation Tax Credit: The sunset date for this credit was extended to January 1, 2018. Subtraction for the Gain on the Sale of Land for Open-Space Use: This subtraction is not available for taxable years beginning on or after January 1, 2015. Major Business Facility Job Tax Credit: The requirement that a qualified major business facility spread the credit allowed per qualified full-time employee over 2 taxable years instead of over 3 taxable years was made permanent. Previously, this requirement applied only to taxable years beginning January 1, 2009 through December 31, 2014. Disaster Relief Assistance by Out-of-State Businesses and Individuals: Legislation passed by the 2015 General Assembly provides a tax exemption for outof-state businesses and employees providing disaster relief assistance in Virginia. The exemption provisions apply to state and local taxes and fees as well as to the 1 REMINDERS Extension for Filing Income Tax Returns: All taxpayers are granted an automatic 6-month extension of time to file their income tax returns. No application for extension is required; however, any tentative tax due must be paid with an extension voucher, Form 760IP, by the original due date for filing the return. In addition, the Department is authorized to submit eligible state income and business tax debts to the U.S. Department of Treasury Offset Program (TOP). Once a debt is submitted, the U.S. Department of Treasury will withhold or reduce your eligible federal tax refund or federal vendor payment by the amount of your debt. The Internal Revenue Code authorizes this process, known as “offset.” Litter Tax: Every manufacturer, wholesaler, distributor or retailer of the following products is subject to the Litter Tax. • Food for Human or Pet Consumption • Groceries • Cigarettes and Tobacco • Soft Drinks and Carbonated Waters • Distilled Spirits, Wine, Beer and Other Malt Beverages • Newspaper or Magazines • Paper Products and Household Paper • Glass and Metal Containers • Plastic or Fiber Containers made of Synthetic Material • Cleaning Agents and Toiletries • Nondrug Drugstore Sundries • Motor Vehicle Parts Offset of federal refunds is only one source of funds that the Department of Taxation may use to satisfy an outstanding tax bill. Your state income tax refund and payments from other state agencies may be withheld to satisfy an outstanding tax bill as well. Because of timing differences in obtaining funds from various sources, it is possible for the Department to receive funds from more than one source to satisfy the same debt. If this happens, the overpaid amount will be released upon receipt of the funds. You do not need to contact the Department to request your refund. Direct Deposit: Due to electronic banking rules, the Department will not allow direct deposits to or through foreign financial institutions. Attempting to use direct deposit to transfer funds electronically to a financial institution outside the territorial jurisdiction of the United States will significantly delay your refund. Visit www.tax.virginia.gov for details. Businesses become subject to the tax on the first January 1 they are in business. The Litter Tax return, Form 200, and payment of the tax are due on May 1 of each year, for the preceding calendar year. Tax-Related Identity Theft: Tax-related identity theft occurs when someone uses your Social Security Number to file a tax return claiming a fraudulent refund. Often, an identity thief will use your Social Security Number to file a return early in the year. You may not be aware that you are a victim until you file your return and learn one already has been filed. We apply stringent scrutiny to all tax returns in an attempt to detect fraudulent tax refunds. If you receive a letter from us asking for additional information to verify that you are the actual taxpayer filing a return, please respond immediately. To learn more about identity theft and how to protect yourself, see the following resources: Civil and Criminal Penalties: The civil penalty for filing a false or fraudulent return or for failing or refusing to file any return with intent to evade the tax, is an additional penalty of 100% of the correct tax. Any individual who willfully fails or refuses to file a return, at the time or times required by law, shall be guilty of a Class 1 misdemeanor. In addition, an individual who makes any false statements on a return, with intent to defraud the Commonwealth, shall be guilty of a Class 6 felony. Debt Collection: Before issuing any refunds, Virginia law requires the Department to check for any outstanding debt with agencies of the Commonwealth of Virginia, Virginia local governments and the Virginia court system. If any such debt is found, regardless of the type of tax return filed, all or part of your refund may be withheld to help satisfy the debt, and the processing of your return will be delayed. • • • • 2 IRS Taxpayer Guide to Identify Theft IRS Identity Protection Tips Virginia Attorney General Federal Trade Commission • 2 years from the filing of an amended Virginia return resulting in the payment of additional tax, provided that the current amended return raises issues relating solely to the prior amended return and that the refund does not exceed the amount of the tax payment made as a result of the prior amended return; or GENERAL INFORMATION WHERE TO GET FORMS AND ASSISTANCE Where to Get Forms • Download returns and schedules from the Department’s website www.tax.virginia.gov. • Order forms online through the Department’s website or call (804) 367-8031. • 2 years from the payment of an assessment, provided the amended return raises issues relating only to the prior assessment and the refund does not exceed the amount of tax paid on the prior assessment. Assistance • Call Customer Services at (804) 367-8031. TTY users dial 7-1-1 between 8:30 a.m. and 5:00 p.m. • Mail requests for information to Virginia Department of Taxation, P.O. Box 1115, Richmond, VA 23218-1115 (Do not mail your return to this address). • Contact the Department for assistance at www.tax.virginia. gov • Call or visit your Commissioner of the Revenue, Director of Finance or Director of Tax Administration. Check the list on the back cover for contact information. Form 763 To amend Form 763, complete a new Form 763 (for the taxable year you are amending) using the corrected figures, as if it were the original return. Check the amended box located in the check applicable boxes section. Do not make any adjustments to the amended return to show that you received a refund or paid a balance due as a result of the original return. Required Enclosures If you filed an amended federal return, enclose a copy of your federal Form 1040X or other claim form and supporting material with your amended Virginia return to substantiate the amendment. In addition, a copy of the final determination made by the IRS should be included to verify acceptance of the amended federal return. If amending your Virginia return for other reasons, enclose a statement explaining why you are amending your return. Show any computations necessary to verify the adjustments you are making. Submit your check or money order with your return if you owe a balance due. Also, include additional Forms W-2, 1099 or VK-1 with your return if claiming more income tax withheld than what was claimed on your original return. ESTIMATED INCOME TAX FILING If you did not have enough income tax withheld, you may need to pay estimated income tax. Generally, you are required to make payments of estimated income tax if your estimated Virginia tax liability exceeds your Virginia withholding and other tax credits by more than $150. To make estimated tax payments online, visit the Department’s website: www.tax.virginia.gov or file Form 760ES. If you owe a large amount of tax, you may need to increase the amount of tax withheld or make estimated tax payments during the year. Federal Adjustments AMENDED RETURN FILING If your federal income tax return was adjusted by the IRS during the taxable year, an amended Virginia return must be filed within 1 year after the final determination of such federal change, correction or renegotiation. Include a copy of the federal adjustments. See “When to File” earlier in this section for additional information. When to File Net Operating Losses If you file an amended federal return reflecting a change in your taxable income or any other amount that would affect the Virginia return, you must file an amended Virginia tax return within 1 year. If the Internal Revenue Service (IRS) provided documentation that acknowledges acceptance of your federal amended return, enclose a copy with the Virginia amended return. In addition, if you file an amended return with any other state that results in a change that would affect your Virginia income tax, you must file an amended Virginia tax return within 1 year. Although there is no express statutory provision for a separate Virginia net operating loss available for carryback or carryover, the amount of federal net operating loss is the starting point in computing the amount of deduction to be allowed on the Virginia return. Check the amended return box located on the front of Form 763, indicating that this is an amended return. Also, check the box indicating the return is the result of a net operating loss (NOL) carryback. Be sure to enclose a complete copy of your federal amended return, if applicable. General instructions for computing the NOL can be obtained from the Laws, Rules & Decisions section on the Department’s website at www.tax.virginia.gov. Select the link for Virginia Tax Administrative Code (Regulations) and find 23VAC10-110-80 and 23VAC10-110-81, located under Chapter 110, Individual Income Tax. You may be penalized if you underpaid your estimated tax or did not have enough tax withheld. If the change reduces the tax, by law the Department may issue a refund only if the amended return is filed within: • 3 years from the due date of the original return, including valid filing extensions; DECEASED TAXPAYERS • 1 year from the final determination of the amended federal return or federal change, whichever is later, provided that the allowable refund is not more than the decrease in Virginia tax attributable to the federal change or correction; Surviving Spouse filing Joint Return: As the surviving spouse, you are considered the primary taxpayer. To complete your return: • List your name, Social Security Number and Date of Birth first on the return. • Include your spouse’s name, Social Security Number and Date of Birth in the fields labeled for spouse. • 1 year from the final determination of the amended return of any other state or change or correction in the income tax of the taxpayer for any other state, provided that the refund does not exceed the amount of the decrease in Virginia tax attributable to such change or correction; 3 Married filing separately (on separate forms) and your VAGI is less than................... $11,950 • Fill-in the Deceased oval next to the field for your spouse’s Date of Birth. • Any refund issued will be made payable to the surviving spouse. The refund may be direct deposited. • No additional documentation or forms are required. Single Filers: If you are the court-appointed or certified Personal Representative (also referred to as Executor or Administrator) of the decedent’s estate, include a copy of the court certificate showing your appointment with the return. • We periodically review and update the Department’s records to make sure that we have correct return information. Sometimes, we have to contact taxpayers to confirm that they did not need to file for a given year. As a result, even if you do not need to file a return for 2015, you may receive an inquiry at a later date to verify your VAGI. Any refund issued will be made payable to the estate of the decedent. • If you are not required to file, but you had Virginia income tax withheld or you made estimated payments, you are entitled to a refund of the amount withheld or paid. You must file a return to get a refund. The refund will be issued as a check. The check may be cashed or deposited with the endorsement of the courtappointed Personal Representative. RESIDENCY STATUS Residents Joint Filers, both Taxpayers Deceased: Follow the instructions for Single Filers. Important: If a refund is due, the refund will be issued in the name of the surviving spouse or the estate of the decedent(s) unless a properly completed copy of federal Form 1310 is provided. When filing electronically, the Form 1310 must be included with the federal filing. Every Virginia resident whose Virginia Adjusted Gross Income is at or above the minimum filing threshold must file. Any “federal area” such as a military or naval reservation, federal agency or federal administration that is inside the geographical boundaries of Virginia is considered a location in Virginia and non-active duty residents of those areas are subject to Virginia income tax just like residents of any other location in the state. RECORD KEEPING FILING REQUIREMENTS You may be required to file as a resident in two states if you are an actual resident of one state and a domiciliary resident of another state (see definitions below). If you are in this situation, you may be able to take a credit on the return filed in the state of your legal domicile. Refer to the instructions for Schedule OSC on Page 30 of these instructions for more information on the credit for tax paid to another state. Filing Threshold Domiciliary Residents Filing requirements are based on your residency status and the amount of your income. Dependents and students are subject to the same filing requirements as anyone else. Anyone who maintains a legal domicile (residence) in Virginia, whether living in or out of Virginia, is a domiciliary resident. This includes members of the U.S. armed forces who have Virginia as their home of record. Domiciliary residents have their permanent place of residence in Virginia. Any person who has not abandoned his or her legal domicile in Virginia and established legal domicile in another state remains a domiciliary resident of Virginia, even if residing in another jurisdiction for a number of years. In determining domicile, the Department considers many factors. Some of the more common indicators of domicile are: voter registration; motor vehicle and personal property registration; business pursuits; expressed intent; conduct; leaseholds and situs of real property owned. Keep your tax records for at least 3 years from the due date of the return or the date the return was filed, whichever is later. If the IRS requires you to keep your federal records for a longer period of time, keep your state records for the same period of time. • Nonresidents of Virginia with income at or above the filing threshold must file if any of their income is from Virginia sources. • Residents of Virginia with income at or above the minimum filing threshold must file. For information on Virginia residency requirements, please read the next section, “Residency Status.” If your Virginia Adjusted Gross Income (VAGI) is at or above the threshold amount shown in the following table, you are required to file. VAGI is the Adjusted Gross Income on your federal return plus any Virginia additions from Line 2, minus any Virginia subtractions from Line 8. Information on Virginia additions and subtractions is included in the instructions later in this booklet. Actual Residents Anyone, other than a member of the U.S. armed forces or the U.S. Congress, who maintains a place of abode (i.e., home) in Virginia for a total of more than 183 days of the taxable year while having legal domicile (residence) in another state or country is an actual resident of Virginia. This category often includes students who are domiciliary residents of another state while attending college in Virginia or the spouses* and dependents of members of the U.S. armed forces stationed in Virginia. Although this residency classification does not apply to members of the U.S. Congress, it does apply to members of their families and staffs. If your income is only from wages, salaries and interest from a savings or checking account, your VAGI is usually the same as the federal adjusted gross income shown on your federal return. Once you have computed your VAGI, check the chart below to see if you need to file a Virginia income tax return. YOU DO NOT HAVE TO FILE IF YOU ARE: Single and your VAGI is less than................... $11,950 *The spouse of a military service member may be exempt from Virginia individual income tax on income from services performed in Virginia if (i) the service member is present in Virginia in compliance with military orders; (ii) the spouse is in Virginia solely to be with the service member; and (iii) they both maintain domicile in another state that is the same for both spouses. For more Married filing a joint return (both must have Virginia Source Income) and your combined VAGI is less than.............................$23,900 Married, spouse has no income from any source and your VAGI is less than........... $11,950 4 Part-Year Residents information, see Tax Bulletin 09-10 and Tax Bulletin 10-1 which are available on the Department’s website at www.tax.virginia.gov. You may be a part-year resident if your residency in Virginia began or ended during the taxable year. Residents who move into or out of Virginia during the taxable year and do not fall into either category below are generally considered full-year residents. Nonresidents Nonresidents of Virginia with Virginia Adjusted Gross Income at or above the filing threshold must file if any of their income is from Virginia sources. Income from Virginia sources is income received from labor performed, business done, or property located in Virginia, including gains from sales, exchanges or other dispositions of real estate and intangible personal property having a situs in Virginia. Virginia source income includes income passed through from a partnership, S corporation or limited liability company that does business in Virginia. It also includes business income and proceeds from real estate transactions passed through by a Virginia trust. It generally does not include personal savings account interest or dividends from an individual’s stock market investments. • Virginia residents who move out of Virginia during the taxable year and become domiciliary residents of another state are partyear residents, provided they do not move back to Virginia for at least 6 months. • Those who move into Virginia during the taxable year and become either domiciliary or actual residents of Virginia are also considered part-year residents. The distinction between full-year and part-year residents is important in deciding which form to file and what income is taxable in Virginia. To compute Virginia Adjusted Gross Income (VAGI) and determine if VAGI meets the minimum filing threshold, partyear residents who file Form 760PY are allowed a subtraction from federal adjusted gross income equal to the amount of income attributable to residence outside Virginia. Those who maintain legal domicile in another state and live in Virginia less than 183 days of the taxable year (or do not live in Virginia at all) are nonresidents. Also, members of the U.S. armed forces who have another state as their home of record (legal domicile) are generally classified as nonresidents of Virginia, even though they may be stationed in Virginia for years. If you are a part-year resident and you do not file the correct form, you will not compute the correct amount of tax. See the next section, “WHICH FORM TO FILE.” Exceptions for Certain Nonresidents WHICH FORM TO FILE If you are a nonresident of Virginia who commutes daily to work in Virginia from Kentucky or the District of Colum­ ia, you do b not have to file if: • You have no actual place of abode in Virginia at any time during the year; • Salaries and wages are your only Virginia source income; and • Your salaries and wages are subject to income taxation by Kentucky or the District of Columbia. Residents File Form 760 File Form 760 if you are a part-year resident and all of your income came from Virginia sources or was received while you were a Virginia resident. This will allow you to claim the full exemption and standard or itemized deduction instead of computing partial amounts as required for part-year residents filing Form 760PY. Part-Year Residents File Form 760PY If you are a nonresident of Virginia who is a resident of Maryland, Pennsylvania or West Virginia and you earn salaries and wages in Virginia, you are exempt from filing a Virginia income tax return and paying Virginia income tax if: • Your only income from sources in Virginia is from salaries and wages; and • Your salaries and wages are subject to income taxation by Maryland, Pennsylvania or West Virginia. As a general rule, part-year residents file Form 760PY. If 1 spouse is a full-year resident and the other is a part-year resident, the couple may file together on Form 760PY. The part-year resident spouse will compute a prorated exemption amount. The full-year resident spouse will claim the full exemption amount. If you are a part-year resident who received Virginia source income, as well as other income, during the portion of the year you lived in another state, you need to file 2 Virginia returns for the taxable year. File Form 760PY to report the income attributable to your period of Virginia residency. File Form 763, the nonresident return, to report the Virginia source income received as a nonresident. If you are a domiciliary resident of Kentucky, Mary­ and, l Pennsylvania, West Virginia or the District of Co­umbia and l have income from Virginia sources other than wages and salaries, (such as business income or gain from the sale of a residence), you must file a Vir­ inia Nonresident Individual Income Tax Return, g Form 763, and pay tax on income not specifically exempted above. Spouses of Military Personnel: Under the Servicemember Civil Relief Act, as amended by the Military Spouses Residency Relief Act, a spouse of a military servicemember may be exempt from Virginia income tax on wages if (i) the servicemember is present in Virginia in compliance with military orders; (ii) the spouse is present in Virginia solely to be with the servicemember; and (iii) they both maintain the same non-Virginia domicile state. More information is available in Tax Bulletin 09-10 and Tax Bulletin 10-1 available on the website at www.tax.virginia.gov. Nonresidents File Form 763 Generally, nonresidents with income from Virginia sources must file a Virginia return if their income is at or above the filing threshold. Nonresidents who earn salaries and wages in Virginia and pay tax on those salaries and wages to the District of Columbia, Kentucky, Maryland, Pennsylvania or West Virginia are not required to file if they meet the criteria described in the previous section under “Exceptions for Certain Nonresidents.” Residents of states other than those in “Exceptions for Certain Nonresidents” do not qualify for a filing exception. Usually, when 1 spouse is a resident and the other spouse is a nonresident, each spouse whose income is at or above the filing threshold, must file separately. The resident spouse must file on Form 760. The nonresident spouse must file Form 763. There are only 3 circumstances in which such a couple can file jointly on the same return. If both spouses have income and all of the nonresident’s income is Virginia source income, a joint resident return (Form 760 ) may be filed. If both spouses elect to Tax Withheld in Error by Employer: If Virginia tax was withheld from your income in error, you should file Form 763S to obtain a refund. If you meet any of the exceptions above and had Virginia withholding, you may need to file Form 763S, Virginia Special Nonresident Claim For Individual Income Tax Withheld to claim your refund. 5 Schedule CR • Required to claim most tax credits. For some Schedule CR credits, other forms are required. Form 760C • Required to compute the addition to tax for individuals, estates and trusts Form 760F • Required to compute the addition to tax for farmers, fishermen and merchant seamen Form760IP • Used to make an extension payment Form CU-7 • Consumer’s Use Tax Return Form 760ES • Used to make estimated tax payments Form 763S • Used by nonresidents to claim a refund of Virginia tax withheld if not required to file Schedule OSC • Required to claim credit for taxes paid to another state determine their joint Virginia taxable income as if they were both Virginia residents, a joint resident return may be filed. Also, if the nonresident spouse has no income at all, a joint resident return may be filed. Members of the Armed Forces Active duty pay for members of the armed forces is taxable only in the state of legal domicile, regardless of where stationed. You must file as a nonresident if you are in the military, domiciled in another state and have any other income that is from Virginia sources. The spouse of a military service member may be exempt from Virginia individual income tax on income from services performed in Virginia if (i) the service member is present in Virginia in compliance with military orders; (ii) the spouse is in Virginia solely to be with the service member; and (iii) they both maintain the same non-Virginia domicile state. For more information, see Tax Bulletin 09-10 and Tax Bulletin 10-1 available on the Department’s website at www.tax.virginia.gov. Use Form 763 if you are in the military, domiciled in another state and have any other income that is from Virginia sources. Examples follow. If a married couple lives in Virginia for the entire year, but is domiciled in Alabama, and has nonmilitary income from Virginia sources that is attributable to both spouses, the spouse on active duty must file Form 763, using Filing Status 4. Generally, the state of domicile will allow credit for tax paid to Virginia on the earned income that is taxed in both states. WHEN TO FILE Calendar Year Filers - May 2, 2016 If your taxable year is January 1, 2015 - December 31, 2015, your individual income tax return must be postmarked no later than May 2, 2016, to avoid late filing penalties and interest. If the nonmilitary spouse’s domicile changed to Virginia during the year, Form 760PY must be filed, using Filing Status 3, to pay tax on income earned after becoming a Virginia resident. When filing by mail, the envelope must be postmarked by the due date. Put the correct postage on your envelope. If your return is sent back to you because of insufficient postage, you are liable for the penalties and interest if the postmark on the remailed return is after the due date. Tax returns or payments of taxes remitted by a commercial delivery service will be considered timely filed if received in an envelope or sealed container bearing a confirmation of shipment on or before midnight of the day the return or payment is due. Spouses of Military Personnel: Under the Servicemember Civil Relief Act, as amended by the Military Spouses Residency Relief Act, a spouse of a military servicemember may be exempt from Virginia income tax on wages if (i) the servicemember is present in Virginia in compliance with military orders; (ii) the spouse is present in Virginia solely to be with the servicemember; and (iii) they both maintain the same non-Virginia domicile state. If the spouse is not exempt from Virginia income tax see “Married Taxpayers” above. More information is available in Tax Bulletin 09-10 and Tax Bulletin 10-1 available on the website at www. tax.virginia.gov. If the due date falls on a Saturday, Sunday or legal holiday, you may file your return on the next day that is not a Saturday, Sunday or legal holiday. Unified Nonresident Composite Filers File Form 765 Fiscal Year Filers Partnerships, S corporations and limited liability companies may file, on behalf of their nonresident partners, shareholders, or members, a unified return (Form 765) thereby relieving these persons of the responsibility of filing a Virginia nonresident individual return. An owner of a pass-through entity may also need to file a nonresident return (Form 763) to report Virginia source income that was not included on a Form 765. Income reported on a unified return would be subtracted on the Form 763 using Code 50 (Pass-Through Entity Income) on Lines 6b - 6d of the Schedule 763 ADJ. If your taxable year is not January 1 through December 31, your return must be postmarked by the 15th day of the 4th month following the close of your fiscal year. Other Frequently Used Virginia Forms If you are living or traveling outside the United States or Puerto Rico (including persons in the military or naval service on duty outside the United States and Puerto Rico), you must file your return by July 1, 2016. Be sure to check the appropriate box to the left of the name and address section. Schedule 763 ADJ - Required for: • Additions to federal adjusted gross income • Subtractions from federal adjusted gross income • Deductions from Virginia Adjusted Gross Income • Credit for Low-Income Individuals • Addition to tax, penalty and interest Schedule VAC • Required for contributions to Virginia College Savings Plan Accounts and Other Voluntary Contributions When filing by paper, you should write “FISCAL YEAR FILER” across the top of Page 1 of Form 763 and enclose a statement indicating the beginning and ending months of your 12-month fiscal year. If you file after the due date or do not pay the full amount due by the due date, you may have to pay penalties and interest. Overseas Rule Members of the Military - Members of the armed forces serving in a combat zone receive either the same individual income tax filing and payment extensions as those granted to them by the IRS, plus an additional 15 days, or a 1-year extension, whichever date is later. All extensions also apply to spouses of military personnel. 6 BALANCE DUE RETURNS Service families may wish, however, to file their individual income tax returns before the extended deadlines to receive refunds. Service members claiming this extension should write”Combat Zone”across the top of their tax returns and on the envelopes used to mail their returns. Such combat zone personnel should similarly write”Combat Zone”across the top of their correspondence, and on the envelope used to mail the correspondence, when responding to any notices issued by the Department regarding tax collection or examination. More information can be obtained from Tax Bulletin 05-5, available in the Laws, Rules, and Decisions Section of the Department’s website at www.taxpolicy.virginia.gov. You can pay by check, credit card or online. Make your check payable to the Treasurer of the city or county in which you reside. Make sure your Social Security Number is on your check and make a notation that it is your 2015 income tax payment. To pay by credit card, call 1-800-272-9829 (1 800 2 PAY TAX), or visit www.officialpayments.com. The jurisdiction code for Virginia is 1080. If you choose this option, fill in the check box on Line 37 of Form 763, indicating this type of payment. You will be assessed a fee by the company processing the transaction. Make an online payment from your checking or savings account for balance due returns using Web Payments at www.tax.virginia.gov. In addition, every member of the armed services deployed outside of the United States is allowed an extension of his or her due date. The extension will expire 90 days following the completion of deployment. Service members who claim this extension should write “Overseas Noncombat” on the top of their tax returns. If you have already filed your return with your Local Commissioner of the Revenue and did not indicate you were paying by credit card, call your Local Commissioner of the Revenue’s office for the correct jurisdiction code prior to initiating your credit card payment. Phone numbers are listed on the inside back cover of this booklet. Extension Requests Extension Provisions: Virginia law provides an automatic 6-month filing extension for income tax returns. No application for extension is required. The extension is for filing the return, not for payment of the tax; therefore, you must pay at least 90% of your tax by the due date, May 1 for calendar year filers. To make a payment of tentative tax, use Form 760IP. AVOID COMMON MISTAKES • Sign your return. • Make sure your name, address and Social Security Number(s) are correct. • Be sure to complete all applicable check boxes. • Verify all entries and check all math. • If you itemized deductions, make sure you complete Line 10 through Line 12 on Form 763. • Be sure to include the front and back of all documents. • Put the correct postage on your envelope. If your return is sent back to you because of insufficient postage, you are liable for the penalties and interest if the postmark on the remailed return is after the due date. • File your original return. Do not file a photocopy. If you file your return within 6 months after the due date but do not meet the 90% payment requirement, an extension penalty of 2% per month will apply to the balance of tax due with your return from the due date through the date your return is filed, to a maximum of 12% of the tax due. Interest will also accrue on any balance of tax due with a return filed within the extension period, regardless of whether the 90% payment requirement is met. If you file your return within 6 months after the due date but do not pay the tax due at the time of filing, the unpaid balance will be subject to a late payment penalty of 6% per month from the date of filing through the date of payment, to a maximum of 30%. The late payment penalty will be assessed in addition to any extension penalty that may apply. The automatic extension provisions apply only to returns that are filed within 6 months from the due date. If you file your return more than 6 months after the due date, a late filing penalty of 30% will apply to the balance of tax due with your return. HOW TO ASSEMBLE YOUR RETURN If you completed any of the forms or schedules listed below, you must enclose them with your Virginia return. Place these forms behind your Virginia return in the following order. • If filing both Form 760PY and Form 763, enclose Form 763 behind Form 760PY so that the title of Form 763 can be seen over the top of the title of Form 760PY. Enclose a statement over the Form W-2 on Form 760PY stating that “Form 763 is enclosed behind Form 760PY.” • Virginia Forms - Schedule 763 ADJ - Schedule OSC - Schedule CR - Schedule of Income - Schedule VAC - Form 760C or Form 760F - Forms 301, 304, 306 or 307 - Any additional documentation as required. Refund Returns - You do not need to file an extension if you cannot file by the due date and you are certain that your return will result in a refund. This is because the late filing penalty is not assessed on refund returns. To receive a refund, however, you must file within 3 years of the due date. Foreign Income Exclusion - If you qualify for the federal foreign income exclusion and have requested an extension of time for filing your federal return, you may apply for an extension of time to file your state return. You will be granted an extension for 30 days after the date you expect to qualify for the exclusion. You must apply by letter on or before the 1st day of the 7th month following the close of your taxable year and enclose a copy of the approved federal extension with your return when you file. • Federal Forms - Complete copy of your federal income tax return. • If claiming credit for income tax paid to another state on Schedule OSC, enclose a complete copy of the state tax return filed with the other state. WHERE TO FILE To file by mail, use the mailing address listed on the back cover of this booklet for the city or county in which all or the principal part of income from Virginia sources was derived. Returns can be filed directly with the Virginia Department of Taxation. Most nonresident returns can also be filed electronically. Withholding Forms Be sure to include Forms W-2, W-2G, 1099 and VK-1 that indicate the same amount of Virginia income tax withheld as the amount you claim on your return. Enclose these with your return. When enclosing Form VK-1, fold in half and enclose in front of return. 7 Payments CHECK BOXES Submit check with your return. If paying by credit card, please check the box on Line 37 of Form 763. Below the name and address section, there are several check boxes. Please check all boxes that apply. Important: If you make your payment by check after filing your return, do not submit a copy of your previously filed return with your payment. • Amended Return Check this box if this is an amended return. For more information, please refer to the “Amended Return” section of these instructions. FORM 763 LINE INSTRUCTIONS - NAME, ADDRESS AND SOCIAL SECURITY NUMBER (SSN) Name Check if Result of NOL Also, check this box if the reason for amending your return is the result of a net operating loss (NOL). For more information, please refer to the “Net Operating Loss” section of these instructions. • Dependent on Another’s Return Check the box if you can be claimed as a dependent on someone else’s return. If you check this box, see the instruction for Line 12. Enter your complete name (including middle initial) and mailing address in the boxes provided. If filing a joint return, Filing Status 2, enter the complete name of your spouse. If you are married filing separate returns (Filing Status 3 or 4), DO NOT enter your spouse’s name in the spouse name box. Instead enter your spouse’s name on the Filing Status 3 or 4 line below the address box. • Name(s) and Address Different Than Shown on 2014 Virginia Return Check this box if your name or your spouse’s name or address is different than the one shown on your 2014 Virginia Return. Address Enter your home street address. Do not enter a P.O. Box unless mail is not delivered to your street address. • Qualifying Farmer, Fisherman or Merchant Seaman Check this box if you are a self-employed farmer, fishermen or merchant seaman and at least two-thirds of your gross income is from those employments. This information is used to identify farmers, fishermen and merchant seamen subject to special rules for paying estimated tax. See “Addition To Tax For Underpayment Of Tax” section in these instructions for details. Social Security Number (SSN) Be sure your Social Security Number is entered correctly. The Social Security Number entered in the “Your Social Security Number” box, must be the number of the person whose name is shown first. Privacy Act • Overseas on Due Date Check this box if you were living or traveling outside the United States and Puerto Rico (including serving in the military or naval service), on May 2, 2016. You must file your return by July 1, 2016. The Privacy Act of 1974 requires any federal, state or local government agency that requests individuals to dis­ lose their c Social Security Numbers to inform those individ­ als whether u the disclosure is mandatory or voluntary, by what statutory or other authority the number is requested and how it will be used. The following information is provided to comply with these requirements. Disclosure of the Social Security Number is mandatory pursu­ nt a to these instructions, as set forth under Va. Code § 58.1-209. The Social Security Number is used as a means of identification for the filing and retrieval of income tax returns and is also used to verify the identity of individuals for income tax refund purposes. • Earned Income Tax Credit Claimed on Federal Return If you claimed an Earned Income Tax Credit on your 2015 federal return, enter the amount claimed. FILING STATUS Enter the correct number in the box to identify your filing status. In most cases, your filing status will be the same as the one you selected on your federal return. Date of Birth Please be sure to provide this information. It is used to assist in the verification of taxpayer identity. If you are filing a joint return, enter your date of birth and your spouse’s date of birth in the same order as your names and Social Security Numbers. If claiming Filing Status 3 or Filing Status 4, enter your spouse’s name on the line provided in the Filing Status section and your spouse’s Social Security Number in the name and address section of the return. City or County Same-sex couples that are married under the law of any state are recognized as married couples for Virginia income tax purposes. For more information, see Virginia Tax Bulletin 14-7 (Public Document 14-174, 10/7/14). Enter the name of the city or county where the principal place of business, employment or income source in Virginia is located. Check the appropriate city or county box, and enter, in the next box to the right, the 3-digit locality code from the back cover of this booklet for the city or county you entered. Single (Filing Status 1) Use this filing status if you claimed one of the following federal filing status­ s on your federal return: Single, Head of Household, e or Qualifying Widow(er). If you claimed the Head of Household 8 filing status on your fed­ ral return, check the “Single” filing status e box and the “Head of Household” box. Section 2 65 or Over To qualify for the additional personal ex­ mption, you must have e been age 65 or older on or before January 1, 2016. Married, Filing Joint Return (Filing Status 2) BOTH spouses must have Virginia source income. You and your spouse may choose to file a joint return if both have Virginia Source Income and • you computed your federal income tax liabilities together on a joint federal return; or • neither of you was required to file a federal return. Blind To qualify for the additional personal exemption for the blind, you must have been consid­ red blind for federal income tax purposes. e Multiply the sum of exemptions claimed for “65 or over” and “Blind” by $800. When using Filing Status 2 or 3 on Form 763, your spouse’s exemption is in­ luded in the “Spouse” column. Do not claim your c spouse as a dependent. Exemption Amount Add the dollar amount from “Total Section 1” box to the dollar amount from “Total Section 2” box. Enter this amount on Line 13. Married, Spouse Has No Income from Any Source (Filing Status 3) HOW TO ENTER NUMBERS Both spouses must file under this status if: • federal income tax liabilities are determined on a joint federal return; or • neither files a federal return; or • one spouse files a separate return and the other spouse has no gross income and was not a dependent of another taxpayer. Note that in this case, the standard deduction is limited to $3,000. Round to Whole Dollars: To improve return preparation accuracy and speed the processing of your return, all amount entries on your return must be rounded to the nearest dollar. Amounts less than 50 cents are to be rounded down while all amounts 50 cents - 99 cents are to be rounded up. Negative Numbers: Enter negative numbers (less than 0) in brackets. For example, if your federal adjusted gross income was negative 12,000 enter this as [12,000]. Married, Filing Separate Returns (Filing Status 4) A separate return must be filed if one of the following applies: • both spouses are nonresidents and both have income from Virginia sources, but do not elect to file jointly; • both spouses are nonresidents and both have income, but only one has income from Virginia sources; or • one is a resident and the other is a nonresident with income from Virginia sources and they do not elect to file a joint res­ dent i return. A spouse may claim only those personal exemptions, itemized deductions and other deductions that could have been claimed had a separate federal return been completed. If the number of dependent exemptions or the amount of itemized deductions cannot be accounted for separately, they must be proportionately allocated between each spouse based on the income attributable to each. For exam­ le, if you file a joint federal return, one of you is a nonresi­ p dent and you are unable to account separately for the child and dependent care deduction, that deduction must be proportionately allocated between each spouse based on the income attributable to each. One spouse may never claim less than a whole personal exemption. Even in the case where spouses have equal income and one child, only one spouse may claim that child. Line 1 - Adjusted Gross Income Enter th e total amount of your federal adjusted gross income from your federal income tax return. Do not enter your federal taxable income. Where spouses have filed a joint return for federal income tax purposes and have not elected to file a joint Virginia income tax return, such items allowable for Virginia income tax purposes must be allocated and adjusted as follows: • Each spouse must claim his or her income. Income must be allocated to the spouse who earned the income and with respect to whose property the income is attributable. • Allowable adjustments to federal gross income with respect to trade, business, production of income or employment must be allocated to the spouse to whom they relate. Line 2 - Additions from Schedule 763 ADJ Complete Schedule 763 ADJ, Lines 1 through 3 and enter the amount from Line 3. Line 3 - Total Add Lines 1 and 2 and enter the total. EXEMPTIONS Line 4 - Age Deduction Are you eligible to claim an age deduction? Enter the number of exemptions allowed in the appropriate boxes. The first exemption box has been completed for you. If claiming an Age Deduction, see the Age Deduction instructions and complete the Age Deduction Worksheet on Page 11 in order to calculate the Qualifying Age Deduction. For 2015, taxpayers born on or before January 1, 1951, may qualify to claim an age deduction based on birth date, filing status and income. A taxpayer who qualifies to claim an age deduction may NOT also claim a disability income subtraction, Credit for LowIncome Individuals, or Virginia earned income credit. For married taxpayers, each eligible spouse may take either an age deduction or a disability income subtraction. Neither spouse may claim an age deduction if one spouse claimed a Credit for Low-Income Individuals or Virginia earned income credit, even if filing separate returns. Claim the deduction or subtraction that gives you the greatest tax benefit. Section 1 Dependents Generally, you may claim the same number of dependent exemptions allowed on your federal re­urn. If you are using Filing t Status 3 or 4, see the Filing Status instructions in the previous section for the rules on claiming dependents. You may never claim less than a whole exemption. The same dependent may not be claimed on separate returns. Multiply the sum of the exemptions claimed in the “You” and “Dependents” boxes by $930. 9 Line 6 - State Income Tax Refund or Overpayment Credit If you or your spouse are not claiming a disability subtraction or a Credit for Low-Income and your birth date is on or before January 1, 1951, please read the information below to determine if you qualify for an age deduction and how to compute the amount of the age deduction you may claim for 2015. Enter the state income tax refund that you reported as income on your federal Return. State, local or foreign income taxes withheld from your salary, estimated tax payments or payments made on tax for a prior year to such taxing authority may be deducted on your federal return for the year withheld or paid. The federal deduction is for the amount paid rather than the tax liability, so a refund or credit is generally treated as taxable income (a recovery of an excessive deduction) on the federal return. Since Virginia does not allow the state and local income tax deduction, a federally taxable refund or overpayment credit is to be subtracted from federal adjusted gross income on the Virginia return. Enter Birth Date Enter your birth date in the name and address section on Page 1. • For Filing Status 1, enter your birth date. • For Filing Status 2, 3 and 4, enter your birth date and your spouse’s birth date. Both birth dates are required even if only one qualifies for an age deduction. Notice to ALL Married Taxpayers Line 7 - Subtractions from Schedule 763 ADJ A married taxpayer’s income based age deduction is always determined using the married taxpayers’ joint adjusted federal adjusted gross income or “AFAGI.” Regardless of whether you are filing jointly or separately, if you are married, your income based age deduction is determined using both spouse’s income. In addition, if both spouses are claiming an income based age deduction, regardless of whether filing jointly or separately, the married taxpayers must compute a joint age deduction first and then the joint age deduction is allocated to each taxpayer. Complete Schedule 763 ADJ, Lines 4 through 7, and enter the amount from Line 7. Line 8 - Subtotal Add Lines 4a, 4b, 5, 6 and 7 and enter the total. Line 9 - Virginia Adjusted Gross Income Subtract Line 8 from Line 3 and enter the result. You are not required to file an individual income tax return if: • you are single (Filing Status 1) and Line 9 is less than $11,950; • you are married, filing a joint return (Filing Status 2) and Line 9 is less than $23,900; or • you are married and your spouse has no income from any source (Filing Status 3) or you are married filing a separate return from your spouse (Filing Status 4) and Line 9 is less than $11,950. The filing threshold amount for a dependent (regardless of age) is the same as for any other individual (even if the dependent’s standard deduction would be limited on Line 12). If you are not required to file a return, but had income tax with­ eld h or made estimated income tax payments, take the following steps to claim your full refund: • complete Lines 10 through 18 and enter “0” as your tax on Line 19. • complete Lines 20a through Line 38. You are entitled to a full refund because your income is below the filing threshold. If you are required to file a return, continue to Line 10. Taxpayers Age 65 and Older If you, or your spouse if you are married, were born on or before January 1, 1951, you may qualify to claim an age deduction of up to $12,000 each for 2015. The age deduction you may claim will depend upon your birth date, filing status and income. If your birth date is: • On or before January 1, 1939 Your age deduction is not income based. You may claim an age deduction of $12,000. If you are married, each spouse born on or before January 1, 1939, may claim a $12,000 age deduction. For a spouse born after January 1, 1939, the age deduction for that spouse is based on the criteria below. • On or between January 2, 1939, and January 1, 1951 Your age deduction is based on your income. A taxpayer’s income, for purposes of determining an income based age deduction, is the taxpayer’s adjusted federal adjusted gross income or “AFAGI”. A taxpayer’s AFAGI is the taxpayer’s federal adjusted gross income, modified for any fixed date conformity adjustments, minus taxable Social Security and Tier 1 Railroad benefits. Line 10 - Itemized Deductions You must claim itemized deductions on your Virginia return if you claimed itemized deductions on your federal return. Before completing Line 10, answe
Extracted from PDF file 2015-virginia-form-763-instructions.pdf, last modified December 2015

More about the Virginia Form 763 Instructions Individual Income Tax TY 2015

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Form Code Form Name
Form 760 760 - Resident Individual Income Tax Return
Form 760ES-2016 760ES - VA Estimated Income Tax Payment Vouchers and Instructions for Individuals
Form 763 Instructions Nonresident Income Tax Instructions
Form 763 763 - Nonresident Individual Income Tax Return
Income Tax Instructions Virginia Income Tax Instructional Booklet

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