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Virginia Free Printable 2019 Form 760 Resident Individual Income Tax Booklet for 2021 Virginia Virginia Income Tax Instructional Booklet

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Virginia Income Tax Instructional Booklet
2019 Form 760 Resident Individual Income Tax Booklet

V I R G I N I A 2019 Form 760 Resident Individual Income Tax Booklet We all have roles to play in preventing refund fraud. The Virginia Department of Taxation is committed to stopping refund fraud and protecting your information. • When you file your tax return, it will be processed using selection criteria intended to detect possible fraud. • Our Refund Review Team examines documentation to verify a taxpayer’s identity if fraud is suspected. • We issue personal identification numbers (PINs) to victims of identity theft to use when they file their Virginia individual income tax returns. Tax Refund Fraud Prevention Last fiscal year we requested additional information on 203,000 returns and denied or reduced refunds on approximately 60,000 refunds. By verifying information on tax returns before issuing the refunds, we prevented a total of over $42 million in fraudulent and erroneous refunds from being issued. www.tax.virginia.gov Va. Dept. of Taxation 2614089 Rev. 11/19 Refund Fraud Prevention The Virginia Department of Taxation takes the protection of your information seriously. Additional Steps to Protect You – and the Commonwealth As identity theft and refund fraud become more widespread, we are enlisting the support of taxpayers, tax preparers, employers, and payroll providers to stop tax fraud. Due to these changes, we may request additional information from you. In addition, we may take longer than in previous years to process your tax return. We are committed to safeguarding taxpayer information. WHAT YOU CAN DO Take these steps to protect yourself from related identity theft and refund fraud: If you think that you are a victim of identity theft, we suggest you take the following steps: • Do not provide personal information by mail, phone, email, or text to an unknown person • Submit Form 14039 Identity Theft Affidavit to the IRS • File your taxes early – and file electronically • Contact the Virginia Department of Taxation’s Identity Theft Information line at 804.404.4185 • Be sure you have all W-2s and other withholding statements before you file • Contact the three credit bureaus and your bank(s) to notify them • Include your Virginia Driver’s License Identification number and Issue Date on your return • Contact your local police or sheriff’s department to file a criminal complaint Thank you for helping us prevent refund fraud. For additional information, please see our website at www.tax.virginia.gov Virginia Tax Online Services www.tax.virginia.gov Get Your Tax Refund Faster Using e-File Last year, over 3.4 million Virginia taxpayers used IRS e-File services to file their state and federal income tax returns. e-File is faster, 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. • Free Fillable Forms - Online versions of the Virginia resident return and schedules that allow you to enter tax information just as you would if you were completing a paper form and then submit the return electronically through e-File. • 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. To check your status, visit www.tax.virginia.gov or call 804.367.2486. 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 your return, 95% of refunds are generally processed within 1 week but could take up to 4 weeks. • If you file a paper tax return, your refund will generally be processed within 8 weeks. • If you mail your tax return using Certified Mail, it could take an additional 3 weeks. 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.tax.virginia.gov/payments. 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. • Email Updates - Sign up and stay informed. By subscribing, you will periodically receive automatic email notifications regarding legislative changes, filing reminders and other relevant information. Health Insurance for Uninsured Children Does your child need health insurance? Call 1.866.873.2647, contact your local Department of Social Services, or visit www.FAMIS.org to learn if your children might qualify. Table of Contents What’s New.................................................................................................................................................... 1 Reminders...................................................................................................................................................... 2 Filing Options, Forms and Assistance............................................................................................................ 3 Do You Need to File a Virginia Income Tax Return?...................................................................................... 3 When to File Your Return............................................................................................................................... 3 Where to File.................................................................................................................................................. 4 Amended Returns.......................................................................................................................................... 4 Residency Status and Choosing the Right Form to File................................................................................. 5 Getting Started............................................................................................................................................... 6 Do You Need to Complete Virginia Schedule ADJ?....................................................................................... 6 Assembling Your Return................................................................................................................................. 6 Form 760 Line Instructions............................................................................................................................. 7 Age 65 and Older Deduction Worksheet........................................................................................................ 9 Spouse Tax Adjustment Worksheet.............................................................................................................. 12 Schedule ADJ Line Instructions.................................................................................................................... 15 Additions to Income................................................................................................................................... 16 Subtractions from Income.......................................................................................................................... 17 Deductions from Income............................................................................................................................ 20 Tax Credit for Low-Income Individuals or Virginia Earned Income Credit................................................. 22 Addition to Tax, Penalty and Interest......................................................................................................... 23 Schedule VAC Line Instructions................................................................................................................... 24 Virginia529 and ABLEnow Contributions................................................................................................... 24 Other Voluntary Contributions................................................................................................................... 25 Voluntary Contributions (Information on Organizations)............................................................................... 25 Library Foundation Contributions................................................................................................................. 27 Public School Foundation Contributions...................................................................................................... 28 Credit for Taxes Paid to Another State......................................................................................................... 29 Schedule OSC Line Instructions............................................................................................................... 30 About Virginia Schedule CR......................................................................................................................... 31 Tax Rate Schedule....................................................................................................................................... 33 List of Localities and Mailing Addresses....................................................................................................... 43 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 February 9, 2018 to December 31, 2018, subject to certain exceptions. Additional information about conformity adjustments and other legislative changes required as a result of the 2019 General Assembly are addressed in Tax Bulletin 19-1 posted on the Department’s website at www. tax.virginia.gov. Virginia will continue to deconform from the following: bonus depreciation allowed for certain assets under federal law; the five-year carryback of certain federal net operating loss (NOL) deductions generated in the 2008 or 2009 taxable years; the federal income treatment of applicable high yield discount obligations; and the federal income tax treatment of cancellation of debt income realized in connection with certain business debts. Increased Standard Deduction: For taxable years beginning on and after January 1, 2019, but before January 1, 2026, the Virginia standard deduction increases from $3,000 to $4,500 for individuals and married taxpayers filing separately, and from $6,000 to $9,000 for married taxpayers filing joint returns. Changes to Certain Itemized Deductions: Individuals will continue to reference the instructions for Federal Schedule A (Form 1040) when itemizing deductions, but with certain exceptions. For taxable years beginning on or after January 1, 2019, taxpayers may claim a deduction for the actual amount of real and personal property taxes imposed by Virginia or any other taxing jurisdiction not otherwise deducted solely on account of the $10,000 annual limitation on the federal deduction for state and local taxes paid. For taxable years beginning on or after January 1, 2019, Virginia deconforms from the suspension of the overall limitation on itemized deductions, commonly known as the Pease limitation. See Virginia Schedule A and the schedule instructions for more information. Gain from Eminent Domain Subtraction: For taxable years beginning on or after January 1, 2019, taxpayers may claim a subtraction for any gain recognized from the taking of real property by condemnation proceedings. Real Estate Investment Trust Subtraction: For taxable years beginning on and after January 1, 2019, taxpayers may claim a subtraction for income attributable to an investment in a Virginia real estate investment trust made on or after January 1, 2019 but before December 31, 2024. Enter the subtraction amount using code 57 on the Schedule ADJ. For more information, see the Subtractions section in these instructions and the Form REIT instructions. Business Interest Deduction Recovery: For taxable years beginning on and after January 1, 2018, an individual income tax deduction is allowed in an amount equal to 20 percent of the business interest that is disallowed for federal income tax purposes. If (i) you claimed a Virginia Business Interest Deduction on prior year Virginia return(s) and (ii) you are able to fully utilize your federal carryover of business interest from those prior year(s) on your current year federal return, you must report a deduction recovery on your current year Virginia return equal the amount of the Virginia Business Interest Deduction claimed on the prior year Virginia return(s). However, if you are able to only partially utilize your federal carryover of business interest from the prior year(s) on your current year federal return, the Business Interest Deduction recovery will be applied in the same proportion as the amount of federal carryover that is utilized. If reporting this recovery, enter as a negative number using Code 117 on Schedule ADJ and enclose a copy of federal Form 8990. See the Form ADJ instructions and the Department’s website for additional information.” Extension of Time to Claim the Land Preservation Tax Credit: For land or interest in land conveyed before January 1, 2020, no credit is allowed unless a complete application has been filed by December 31 of the 3rd year following the calendar year of the conveyance. For land or interest in land conveyed on or after January 1, 2020, a complete application must be filed by December 31 of the 2nd year following the calendar year of the conveyance. Prior to July 1, 2019, Form LPC-1 was statutorily required to be filed by December 31 of the first year following the year of conveyance. Extension of Sunset Date of Major Business Facility Job Tax Credit: The sunset date of the Major Business Facility Job Tax Credit has been extended. This credit was set to expire after Taxable Year 2019, but it is now scheduled to sunset for taxable years beginning on and after July 1, 2022. Port Volume Increase Tax Credit Transferability: Any taxpayer holding a Port Volume Increase Tax Credit issued in taxable years beginning on and after January 1, 2018, but before January 1, 2022, may transfer unused but otherwise allowable credits to another taxpayer for use on the Virginia income tax return. The transferred credits may be retroactively applied from the date the credits were originally issued, and the transferee may file an amended return to claim the transferred credit for a prior tax year. However, this provision does not extend the statute of limitations for filing an amended return. Port Volume Increase Tax Credits are only transferable within one calendar year of the original credit holder earning the credits. Credit holders must complete Form PVT to transfer credits to another taxpayer. Telework Expenses Tax Credit Expiration: The Telework Expenses Tax Credit has been repealed. This credit cannot be claimed for any taxable year beginning on or after January 1, 2019. Worker Retraining Tax Credit Sunset Date: The Worker Retraining Tax Credit sunset date has been advanced from January 1, 2022, to January 1, 2019. For taxable years beginning on and after January 1, 2019, taxpayers will no longer be able to earn the Worker Retraining Tax Credit. Credits earned in prior taxable years may be carried forward for up to 3 years. Worker Training Tax Credit: For taxable years beginning on and after January 1, 2019, but before July 1, 2022, a business may receive a credit for certain expenses paid by the business during the taxable year for eligible worker training. Annually, businesses may claim up to $500 per qualified employee or up to $1,000 per non-highly compensated worker receiving eligible worker training. In addition, for taxable years beginning on and after January 1, 2019, but before January 1, 2022, the Worker Training Tax Credit is allowed for a business conducting orientation, instruction, and training programs in Virginia for students in grades 6 through 12. The credit equals 35% of direct costs incurred in connection with the program, not to exceed $2,000 for any taxable year. The annual aggregate credit cap for the Worker Training Tax Credit is $1 million. See the Form WTC instructions for additional information. New Requirement for the Provision of Preparer Tax Identification Numbers: For taxable years beginning on or after January 1, 2019, an income tax return preparer who has the primary responsibility for the overall substantive accuracy of the preparation of a return or claim for refund is required to include his or her Preparer Tax Identification Number (PTIN) on such return. Page 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. You can file and pay your tentative tax online using the Department’s eForms or Individual Online Services. Payments are made electronically and you may schedule payments to be made on a future date. Electronic Filing Requirements for Certain Taxpayers: For taxable years beginning on or after January 1, 2018 individuals are required to file and remit payment using an electronic medium if (i) any installment payment of estimated tax exceeds or can reasonably be expected to exceed $7,500, (ii) any payment made with regard to an return or extension of time to file exceeds $7,500, or (iii) the taxpayer’s estimated total tax liability exceeds $30,000. If any of the thresholds above apply to you, all future individual income tax payments must be made electronically. This includes all payments for estimated taxes, extensions of time to file, and any other amounts due when a return is filed. Consumer’s Use Tax: If you purchased merchandise by Internet, telephone, or mail, or you purchased any merchandise outside Virginia and paid no sales tax you may be required to pay Consumer’s Use Tax. Report the applicable tax on Form 760, Line 33. 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 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. File and pay your Litter Tax Return online using the Department’s eForms. Complete the online version of the paper Litter Tax Return as you would if you were completing a paper form. Payments are made electronically and you may schedule payments to be made on a future date. If you are unable to file and pay electronically you may request a waiver. You can obtain the waiver request form at www.tax.virginia.gov or by calling 804.367.8037. 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 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. 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.” 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 us 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. 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: • IRS Taxpayer Guide to Identity Theft • IRS Identity Protection Tips • Virginia Attorney General • Federal Trade Commission Page 2 Filing Options, Forms and Assistance Filing Options • e-File your return online: Electronic filing is used to prepare and file your federal and state tax returns over the Internet. There are 3 e-File options to choose from Free-File, paid e-File and Free Fillable Forms. Please visit the Department at www.tax.virginia.gov to find out more about these programs. If you file online do not send the Department a paper copy of your return. • File your return on paper: • Use commercial tax preparation software and print a copy of your state tax return • Download forms at www.tax.virginia.gov • Order forms online through the Department’s website or call 804.367.8031 If you fill out your tax return by hand, you can avoid processing delays by printing your information so it can be easily read. Please use black ink and not pencil. Assistance • For assistance, visit the Department’s website at www. tax.virginia.gov • Call Customer Service at 804.367.8031. For TTY users dial 7.1.1 • Mail requests for information to: Virginia Department of Taxation P.O. Box 1115 Richmond, Virginia 23218-1115 Please do not mail your return to this address. • Call or visit your Local Commissioner of the Revenue, Director of Finance, or Director of Tax Administration for information or return preparation assistance. Check Page 43 for a list of localities and contact information. Do You Need to File a Virginia Income Tax Return? Every Virginia resident whose Virginia adjusted gross income is at or above the minimum threshold must file. Married filing separately and your VAGI is $11,950 or more When to File Your Return Filing by mail or commercial delivery service - If you are mailing several documents, please consider using a flat envelope to ensure proper handling and faster processing. 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 penalties and interest if the postmark on the remailed return is after the due date. Tax returns or payment of taxes remitted by a commercial delivery service will be considered timely filed if they are 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. Calendar year filer - If your taxable year is January 1, 2019 - December 31, 2019, your individual income tax return must be postmarked no later than May 1, 2020, to avoid penalties and interest. Fiscal year filer - If your taxable year is any consecutive 12-month period other than January - December, your individual income tax return must be postmarked by the 15th day of the 4th month following the end of your fiscal year. When filing, you should write “Fiscal Year Filer” across the top of Page 1 of Form 760 and enclose a statement indicating the beginning and ending months of your fiscal year. Outside U.S. - 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, 2020. Fill in the overseas on due date oval on Page 1 of Form 760. Weekends and holidays - If the due date falls on a Saturday, Sunday or legal holiday, your return must be postmarked by the next business day. 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 avoid penalty. To make a payment of tentative tax, use Form 760IP. 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 federal exclusion. You must apply for an extension of time to file your state return 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. Complete Form 760, Lines 1 through 9, to determine your Virginia adjusted gross income (VAGI). If the amount on Line 9 is less than the amount shown below for your filing status, your Virginia income tax is $0.00 and you are entitled to a refund of any withholding or estimated tax paid. You must file a return to receive a refund. To claim a refund in these cases, complete Lines 10 through 15 and enter “0” as your tax on Lines 16 and 18. Then complete Lines 19 through Members of the military - Members of the Armed Forces 36. You must file if you are: serving in a combat zone receive either the same individual Single and your VAGI is $11,950 or more income tax filing and payment extensions as those granted Married filing jointly and combined VAGI is $23,900 to them by the IRS, plus an additional 15 days, or a 1-year or more Page 3 extension, whichever date is later. All extensions also apply to spouses of military personnel. 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 correspondence, and on the envelope used to mail the correspondence, when responding to notices issued by the Department. See Tax Bulletin 05-5, available in the Laws, Rules, and Decisions Section of the Department’s website at www.tax.virginia. gov for more information. 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. Additional information for spouses of military personnel is provided in the Residency Status and Choosing the Right Form to File section later in this booklet. Where to File Use e-File to electronically file your federal and state tax returns at the same time. Software programs that provide e-File capability are available online and for purchase in stores. All e-File software will automatically check for completeness, correct errors, generate the applicable schedules and provide the option to transmit the return to the IRS and/or the Department’s electronic processing systems. Some vendors will allow taxpayers to file their returns electronically for free based on certain qualifiers. To file by mail, use the list of mailing addresses beginning on Page 43 and look up the city or county where you live, or file directly with the Department. Local phone numbers are also provided. For more information about filing by e-File and filing by mail, go to www.tax.virginia.gov. Amended Returns provided that the allowable refund is not more than the decrease in Virginia tax attributable to the federal change or correction; • 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; • 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 • 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. Complete a new return using the corrected figures, as if it were the original return. Do not make any adjustments to the amended return to show that you received a refund or paid a balance due as the result of the original return. Use the worksheet for amended returns below to determine if you are due a refund or if any additional tax due should be paid with your amended return. If your amended return results in additional tax due, interest must be paid on the tax you owe from the due date of your original return to the date that the amended return is filed or postmarked. Fill in the oval on the front of Form 760, indicating that this is an amended return. Also, fill in the additional oval on the front of the return if the amended return is the result of a net operating loss (NOL) carryback. General instructions for computing the NOL can be obtained from the Virginia Tax Administrative Code (Title 23, Taxation) website at law.lis. virginia.gov/. Select the link for Virginia Tax Administrative Code (Regulations) and find Title 23 Taxation. Select Agency 10, Department of Taxation and Chapter 110 Individual Income Tax. General instructions are provided in 23VAC10110-80 and 23VAC10-110-81. Enclose a complete copy of your amended federal return, if applicable. Worksheet for Amended Returns If your federal return is amended, resulting in changes to your taxable income or any amount affecting the Virginia return, you must file an amended Virginia return within one year. If the 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 affects your Virginia income tax, you must file an amended Virginia return within one year. 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; • 1 year from the final determination of the amended federal return or federal change, whichever is later, Page 4 1. Income tax paid with original return, plus additional income tax paid after it was filed............................1_________________ 2. Add Line 1 above and Line 26 from amended Form 760 and enter the total here..............................2_________________ 3. Overpayment, if any, as shown on original return or as previously adjusted.........3_________________ 4. Subtract 3 from Line 2...................................4_________________ 5. If Line 4 above is less than Line 18 on amended Form 760, subtract Line 4 above from Line 18 on amended Form 760. This is the Tax You Owe..............................5_________________ In this situation, you should claim a credit on the return filed in the state of your legal domicile for taxes paid to Virginia. Students: The rules for determining the residency status of a student are the same as for anyone else. 6. Refund. If Line 18 on amended Form 760 is less than Line 4 above, subtract Line 18 on amended Form 760 from Line 4 above. This is the Tax You Overpaid.................6_________________ Residency Status and Choosing the Right Form to File • There are two types of Virginia residents: domiciliary and actual. • A domiciliary resident of another state may also be an actual resident of Virginia. • Virginia residency may be either full-year or part-year. • A nonresident of Virginia may be required to file a Virginia return. • To determine which Virginia return you should file, first determine if you were a resident of Virginia at any time during the taxable year. Step 1: Determine your residency status Domiciliary Resident You are a domiciliary (legal) resident if your permanent home is in Virginia. Your permanent home is where, whenever you are absent, you intend to return. Every person has one and only one domiciliary residence at a time. Most domiciliary residents actually live in Virginia; however, actual presence in Virginia is not required. If you have established legal domicile in Virginia, you are a domiciliary resident until you establish legal domicile in another state. • Members of the armed forces who claim Virginia as their home of record are domiciliary residents, even if stationed outside of Virginia. • A domiciliary resident who accepts employment outside of Virginia, but who does not abandon Virginia as his or her domiciliary residence, even if outside of Virginia for many years, remains a domiciliary resident of Virginia. This includes domiciliary residents who accept employment outside of the United States. Military Personnel and Members of the U.S. Congress: If you are a member of the armed forces or of the U.S. Congress who is a domiciliary (legal) resident of another state, you are not subject to taxation as an actual resident of Virginia even if you maintained an abode in Virginia for more than 183 days. However, if you have income from Virginia sources other than your active duty or congressional pay, you may be required to file a Form 763, Nonresident Income Tax Return. Spouses, Dependents and Congressional Staff Members: The exemption for members of the armed forces and the U.S. Congress does not apply to spouses (see below), dependents or congressional staff members. If you are a spouse or dependent of a member of the armed forces or of the U.S. Congress or you are employed by a member of the U.S. Congress, you must determine your own residency status and filing obligations, even if you filed a joint federal return. Spouses of Military Personnel: For Taxable Year 2018 and after, the Servicemember Civil Relief Act (SCRA), as amended by Veterans Benefits and Transition Act, provides that the spouse of a servicemember may elect to use the same residence for state tax purposes as that of the servicemember. Under the SCRA, an electing spouse of a military servicemember may be exempt from Virginia income tax on wages if the servicemember is present in Virginia in compliance with military orders. More information is available in Tax Bulletin 19-2 available on the website at www.tax. virginia.gov. Step 2: Determine which income tax return you should file Virginia Residents File Form 760, Resident Return, if: • You were an actual or domiciliary resident for the entire year; or • You were an actual or domiciliary resident for a portion of the year, but all of your income for the entire year was from Virginia sources. File Form 760PY, Part-Year Resident Return, if: • You moved into Virginia during the taxable year and became either an actual or domiciliary resident; or • You moved out of Virginia during the taxable year and became a domiciliary resident of another state, provided that you did not move back to Virginia within six months. Actual Resident You are an actual resident if: You maintained an abode in Virginia or were physically present in Virginia for more than 183 total days during the taxable year, even if you are a domiciliary resident of another state or country. If you are an actual resident of Virginia, you may be required to file as a resident in Virginia and in your domiciliary state. Note to Part-Year Residents: If you had Virginia source income during the taxable year while you were a nonresident, you may also be required to file Form 763, Nonresident Return. See Nonresidents, below. Married Taxpayers: If one spouse is a Virginia resident and the other is a nonresident, you may not file a joint Virginia return unless you both elect to determine your joint Virginia Page 5 taxable income as if you were both Virginia residents. If the spouses do not make an election, the resident spouse will file either Form 760 or Form 760PY, while the nonresident spouse will file Form 763, if applicable. However, if one spouse is a full-year resident and the other spouse is a part-year resident, you may file a joint return using Form 760PY. See the Form 760PY instructions for additional information. Nonresidents File Form 763, Nonresident Return, if: You had income from Virginia sources, other than interest from personal savings accounts, interest or dividends from an individual stock market investment, or pension payments from a Virginia payor. Income from Virginia sources includes: 1. Items of income gain, loss and deductions attributable to: a) The ownership of any interest in real or tangible personal property in Virginia; b) A business trade, profession, or occupation carried on in Virginia; and c) Prizes paid by the Virginia Lottery and gambling winnings from wagers placed or paid at a location in Virginia. 2. Income from intangible personal property, including annui­ties, dividends, interest, royalties and gains from the dis­position of intangible personal property employed by an individual in a business, trade, profession or occupation carried on in this state. If you were a Virginia resident for part of the year and you also received Virginia source income during your period of residence outside Virginia, you must file Form 760PY and Form 763. The Virginia source income reported on Form 763 will be only the Virginia source income you received while a nonresident. taxable year, and 3) your salaries and wages were subject to taxation by Maryland, Pennsylvania, or West Virginia. 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. Tax Withheld in Error by Employer: If Virginia tax was withheld from your income in error, you should file Form 763-S to obtain a refund. If you meet any of the exceptions above and had Virginia withholding, you may need to file Form 763-S, Virginia Special Nonresident Claim For Individual Income Tax Withheld, to claim your refund. Getting Started Before you begin to prepare your Virginia Form 760, you will need the following: • Your completed federal income tax return. • W-2, 1099 and VK-1 forms with Virginia withholding. • Virginia Schedule ADJ. See next section. • Schedule OSC and other state income tax returns filed, if you are claiming the credit for tax paid to another state. • Virginia Schedule CR. See Page 31. Exceptions for Certain Nonresidents • Virginia Schedule VAC. See Page 24. An exception to the filing requirement for nonresidents applies to certain residents of Kentucky, the District of Columbia, Maryland, Pennsylvania, and West Virginia if their only Virginia source income is from salaries and wages. See below for qualifications. If residents of these states received other income from Virginia sources that is not specifically exempted, it must be reported as Virginia source income on Form 763, the Virginia Nonresident Return. If you are filing an amended return, you will need copies of the records supporting the change to your return, as well as your original return. Kentucky and the District of Columbia: If you were a resident of Kentucky or the District of Columbia who commuted daily to work in Virginia, you are not required to file a Form 763 Nonresident Return, provided that 1) you had no actual place of abode in Virginia at any time during the taxable year, and 2) your only income from Virginia sources was salaries and wages, and 3) your salary and wages were subject to income taxation by Kentucky or the District of Columbia. Maryland, Pennsylvania and West Virginia: If you were a resident of Maryland, Pennsylvania or West Virginia and you earned salaries and wages in Virginia, you do not have to file a Form 763, Nonresident Return, provided that 1) your only income from Virginia sources was salaries and wages, and 2) you were present in Virginia for 183 days or less during the Do You Need to Complete Virginia Schedule ADJ? Complete Virginia Schedule ADJ if you need to report any of the following: • Additions to Federal Adjusted Gross Income (FAGI) • Subtractions from FAGI not reported on Form 760 • Deductions from VAGI not reported on Form 760 • Credit for Low-Income Individuals or Virginia Earned Income Credit • Addition to tax • Penalties and Interest Assembling Your Return If you file your return by paper, enclose the original Virginia Form 760, Schedule ADJ, Schedule VAC, Schedule OSC and Schedule CR. Do not send photocopies of these Page 6 forms. Photocopies of all other supporting documents are acceptable. REQUIRED ENCLOSURES WITH FORM 760 • Forms W-2, 1099 and VK-1 showing Virginia withholding • Virginia Schedule A • Schedule ADJ • Schedule ADJS • Schedule VAC • Schedule OSC • Schedule CR • Include your spouse’s name, Social Security Number and Date of Birth in the fields labeled for “Spouse” • 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 is 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. • Any refund issued will be made payable to the estate of the decedent. • The refund will be issued as a check. The check may be cashed or deposited with the endorsement of the court-appointed Personal Representative • Form 760C or Form 760F • Virginia Credit Schedules • Other Virginia Statements or Schedules • Other required enclosures Do not use staples. Reminder: Keep copies of your completed Form 760 and all supporting documentation for 3 years. Form 760 Line Instructions Name and Address Enter your name and mailing address in the space provided. If you use Filing Status 3 (married filing separate returns), do not enter your spouse’s name in the spouse name field. Instead, enter your spouse’s name in the space beside the Filing Status code box. Address Change: If your address has changed since last filing, fill in the oval in the street address area. Social Security Number Enter your Social Security Number and the first four letters of your last name in the boxes. If using Filing Status 2, you must also enter the Social Security Number and first four letters of your spouse’s last name. If using Filing Status 3, enter your spouse’s Social Security Number and record your spouse’s name on the line beside the Filing Status code box. Privacy Act. In compliance with the Privacy Act of 1974, disclosure of your Social Security Number is mandatory under Va. Code § 58.1-209. Your Social Security Number is used both as a means of identifying your income tax return and of verifying the identity of individuals claiming tax refunds. Date of Birth Please be sure to provide your date of birth. This information is used by the Department to verify 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. Deceased Taxpayers 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. Locality Code: Use the list on Page 43 to look up the 3-digit code for the locality in which you lived on January 1, 2020. Enter the corresponding number in the boxes provided on Form 760. Local school funding is allocated based in part on this information. Ovals Fill in any ovals that apply. • Name or filing status has changed • Virginia return not filed last year • Dependent on another’s return • Qualifying farmer, fisherman or merchant seaman. Fill in this oval if at least 2/3 of your gross income is a result of self-employment as a farmer, fisherman or merchant seaman. • Amended Return. Fill in both ovals if amending due to Net Operating Loss Deductions. • Overseas on due date. If you were overseas on May 1, 2020, fill in this oval and enclose a statement explaining your situation. Your return is due by July 1, 2020. • Federal Schedule C filed with federal return • Earned Income Tax Credit claimed on federal return. If you claimed an Earned Income Tax Credit on your federal return, fill in the oval and enter the amount of the federal credit claimed. Virginia Driver’s License Information Enter your Virginia Driver’s License Identification number and Surviving Spouse filing Joint Return: As the surviving spouse, Issue Date. If you do not have a Virginia driver’s license, but you are considered the primary taxpayer. To complete your have a Virginia ID Card, enter the identification number and return: issue date from the ID Card. If filing a joint return, enter the information for both spouses. Providing this information is • List your name, Social Security Number and Date of Birth first on the return Page 7 optional. It is requested for taxpayer identification purposes as part of ongoing efforts to combat identity theft and fraud. Filing Status In most cases, your filing status will be the same as the one you selected on your federal return. Enter the applicable number to indicate your filing status. 1 = Single 2 = Joint 3 = Married filing separately Fill in the Head of Household oval if your filing status is Single and you checked the Head of Household box on your federal return. For more information, go to the filing status section on the Departments’s website: www.tax.virginia.gov. If using Filing Status 3, enter the spouse’s Social Security Number at the top of the form and the spouse’s name on the line provided. If one spouse is a Virginia resident and the other is a nonresident, you may not file a joint Virginia return unless you both elect to determine your joint Virginia taxable income as if you were both Virginia residents. If the spouses do not make such election, the resident spouse must file a separate return (Form 760) using Filing Status 3. If the nonresident spouse has Virginia source income to report, he or she must file a separate return using Form 763. The spouses must compute their itemized deductions and allocate exemptions for dependents as if they had filed separate federal returns. As a general rule, the spouse claiming an exemption for a dependent must be reporting at least half of the total federal adjusted gross income. In addition, each spouse must be able to support his or her claim of itemized deductions. If the underlying expenses for itemized deductions cannot be accounted for separately, each spouse must claim a proportionate share of the deductions based on his or her respective share of the joint federal adjusted gross income. Exemptions Enter the number of exemptions allowed in the boxes. Dependents: Generally, you may claim the same number of dependent exemptions allowed on your federal re­turn. If using Filing Status 3, 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 exemptions claimed in the “You,” “Spouse” and “Dependents” boxes by $930. 65 or Older: To qualify for the additional personal exemption for age 65 or older, you must have been age 65 or older on or before January 1, 2020. Blind: To qualify for the additional personal exemption for the blind, you must have been consid­ered blind for federal income tax purposes. Multiply the sum of exemptions claimed for “65 or older” and “Blind” by $800. Low-Income Individuals: You cannot claim the 65 or older or Blind exemptions if you also claimed a Credit for Low-Income Individuals on Line 23 of Form 760. Exemption Amount: Add the dollar amount from Section A to the dollar amount from Section B. Enter this amount on Line 12. Note for Filing Status 3: Each spouse must determine exemptions as if separate federal returns had been filed, using the federal rules for separate reporting. If dependent exemptions can­not be accounted for separately, they must be proportionately allocated between each spouse based on each spouse’s income. One spouse may never claim less than a whole personal exemption. Dollar Amounts All amounts entered on your return must be rounded to the nearest dollar. Amounts less than 50 cents should be rounded down while all amounts of 50 cents - 99 cents should be rounded up. Rounding to the nearest dollar improves accuracy and reduces processing time. Line 1. Federal Adjusted Gross Income Enter the federal adjusted gross income from your federal return. If married filing separately (Filing Status 3), enter only the amount of income attributable to you. Be sure to use the federal adjusted gross income amount, NOT federal taxable income. Line 2. Additions If you reported any additions on Schedule ADJ, enter the total amount from Line 3 of Schedule ADJ. Line 3. Add Lines 1 and 2 and enter the total. Line 4. Age Deduction Are you eligible to claim an age deduction? For the 2019 taxable year, taxpayers born on or before January 1, 1955, may qualify to claim an age deduction based on their birth date, filing status and income. A taxpayer who claims an age deduction may NOT claim a disability income subtraction, Credit for Low-Income 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. If you or your spouse are not claiming a disability subtraction or a credit for earned or low-income and your birth date is on or before January 1, 1955, read below. Taxpayers Age 65 and Older If you or your spouse were born on or before January 1, 1955, you may qualify to claim an age deduction of up to $12,000 each for 2019. The age deduction you may claim depends on your birth date, filing status and income. If your birth date is: • On or before January 1, 1939: 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 individuals born after January 1, 1939, the age deduction is based on the criteria below. Page 8 Age 65 and Older Deduction Worksheet FOR 2019: Only taxpayers born on or between January 2, 1939, and January 1, 1955, may claim an income-based age deduction for the 2019 taxable year. Married taxpayers must enter the combined income of both spouses, regardless of filing status or whether one or both spouses claim an income-based age deduction. 1. Enter the number of taxpayers born on or between January 2, 1939, and January 1, 1955, who are claiming an income-based age deduction for Age 65 and Older. A. Filing Status 1, Single: Enter 1. B. All Married Taxpayers: w If one spouse is claiming an income-based age deduction: Enter 1. w If both spouses are eligible to claim an income-based age deduction and both spouses are filing Virginia returns, regardless of whether you are filing jointly or separately: Enter 2. 2. Enter your Federal Adjusted Gross Income (FAGI). A. Filing Status 1, Single: Enter your FAGI from your federal return. B. All Married Taxpayers: Enter the combined FAGI for you and your spouse from your federal return(s). 3. Enter your fixed date conformity (FDC) addition, if applicable. A. Filing Status 1, Single: Enter your FDC addition. B. All Married Taxpayers: Enter the combined FDC addition for you and your spouse. 4. Add Line 2 and Line 3 and enter the total. 5. Enter your fixed date conformity (FDC) subtraction, if applicable. A. Filing Status 1, Single: Enter your FDC subtraction. B. All Married Taxpayers: Enter the combined FDC subtraction for you and your spouse. 6. Subtract Line 5 from Line 4 and enter the difference. 7. Enter your Social Security and Tier 1 Railroad Benefits. A. Filing Status 1, Single: Enter taxable benefits from your federal return. B. All Married Taxpayers: Enter the combined taxable benefits for you and your spouse from your federal return(s). 8. Subtract Line 7 from Line 6 and enter the difference. This is your AFAGI. 9. Enter the income limit for your age deduction - Filing Status 1, Single: enter $50,000 All Married Taxpayers, enter $75,000 10. If Line 8 is less than Line 9, your AFAGI is below the threshold. A. Filing Status 1, Single: Enter $12,000 here and on your return. You Spouse You Spouse B. All Married Taxpayers: Enter $12,000 for each spouse claiming an income-based age deduction here and on your return(s). 11. If Line 8 is greater than Line 9, subtract Line 9 from Line 8 and enter the difference. 12. Multiply Line 1 by $12,000 and enter the result. 13. If Line 11 is greater than Line 12: You do not qualify for an age deduction. If married and you are computing an income-based age deduction for both spouses, neither spouse qualifies for an age deduction. 14. If Line 12 is greater than Line 11, subtract Line 11 from Line 12 and enter the difference. A. Filing Status 1, Single: This is your age deduction. Enter on your return. B. Married Taxpayer and only one spouse claiming an income-based age deduction: This is your age deduction. Enter on your return. C. Married Taxpayers and both spouses claiming an income-based age deduction - Go to Line 15. 15. Married Taxpayers and both spouses are claiming an income-based age deduction: Divide Line 14 by 2. Enter the result in the “You” and “Spouse” columns. Enter on your return(s). To compute the age deduction, use the calculator at www.tax.virginia.gov or this worksheet. Page 9 • On or between January 2, 1939, and January 1, 1955: 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 and reduced by any taxable Social Security and Tier 1 Railroad Benefits. For Filing Status 1, single taxpayers, the maximum allowable age deduction of $12,000 is reduced $1 for every $1 the taxpayer’s AFAGI exceeds $50,000. For all married taxpayers, whether filing jointly or separately, the maximum allowable age deduction of $12,000 each is reduced $1 for every $1 the married taxpayers’ joint AFAGI exceeds $75,000. All Married Taxpayers: A married taxpayer’s income-based age deduction is always determined using the married taxpayers’ joint AFAGI. Regardless of whether filing jointly or separately, if you are married, your income-based age deduction is determined using the combined income of both spouses. 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, then allocate half of the joint deduction to each spouse. Line 5. Social Security Act and Equivalent Tier 1 Railroad Retirement Act Benefits Enter the amount of taxable social security and/or Tier 1 Railroad Retirement Act Benefits that you included in your federal adjusted gross income. Do not include Tier 2 Railroad Retirement Benefits and Other Railroad Retirement and Railroad Unemployment Benefits. See instructions for Schedule ADJ to determine if these benefits can be included as other subtractions. Line 6. State Income Tax Refund or Overpayment Credit Enter the amount of any state income tax refund or overpayment credit that you reported as income on your federal return. Line 7. Subtractions If you reported any other subtractions on Virginia Schedule ADJ, enter the total amount from Line 7 of Schedule ADJ. Line 8. Add Lines 4, 5, 6 and 7 and enter the total. Line 9. Virginia Adjusted Gross Income Subtract Line 8 from Line 3 and enter the result. If the amount on Line 9 is less than the amount shown below for your filing status, your Virginia income tax is $0.00 and you are entitled to a refund of any withholding or estimated tax paid. You must file a return to receive a refund. To claim a refund in these cases, complete Lines 10 through 15 and enter “0” as your tax on Lines 16 and 18. Then complete Lines 19 through 36. You are required to file a return if you are: Single and your VAGI is $11,950 or more Married filing jointly and combined VAGI is $23,900 or more Married filing separately and your VAGI is $11,950 or more ITEMIZED OR STANDARD DEDUCTIONS Note: Additional information regarding deductions and other changes required as a result of the 2019 General Assembly Session are provided in Tax Bulletin 19-1 posted on the Department’s website at www.tax.virginia.gov. Property and other taxes included as deductions on your federal return are also allowed on your Virginia return. If one spouse claims itemized deductions, the other spouse must also claim itemized deductions. Do not complete Line 10 if claiming the standard deduction. Skip to Line 11. Line 10. Itemized Deductions You must claim itemized deductions on your Virginia return if you claimed itemized deductions on your federal return. If a joint federal return was filed and you are filing separate returns in Virginia (Filing Status 3), itemized deductions that cannot be accounted for separately must be allocated proportionately between spouses based on each spouse’s share of the combined federal adjusted gross income. If you claimed itemized deductions, enter the amount from Line 19 of the Virginia Schedule A and enclose this schedule with your return. See the Virginia Schedule A instructions for more information. Line 11. Standard Deduction If you claimed the standard deduction on your federal return, you must also claim the standard deduction on your Virginia return. Enter on Line 11 the amount listed below that corresponds with your filing status. Filing Status 1 Enter $4,500 Filing Status 2 Enter $9,000 Filing Status 3 Enter $4,500 Do not complete Line 10 when claiming a standard deduction. Dependent on Another’s Return - If you can be claimed as a dependent on the federal return of another taxpayer, your standard deduction is limited to the amount of your earned income. Enter the smaller of the amount of earned income or the standard deduction amount on Line 11. Line 12. Exemptions Enter the sum of the total dollar amount from Exemption Section A and the total dollar amount from Exemption Section B. Line 13. Deductions If you reported any deductions on Schedule ADJ, enter the total amount from Line 9 of Schedule ADJ. You must enclose the Schedule ADJ with your return. Line 14. Add Lines 10, 11, 12 and 13 and enter the total. Line 15. Virginia Taxable Income Subtract Line 14 from Line 9. Line 16. Amount of Tax To compute your tax, you can use either the tax table or the tax rate schedule on Page 33, or use the Tax Calculator on the Department’s website. Page 10 Line 17. Spouse Tax Adjustment (STA) Couples filing jointly under Filing Status 2 may reduce their tax by up to $259 with the STA if both have taxable income to report and their combined taxable income on Line 15 is more than $3,000. Use the STA Worksheet on Page 12 or the STA Calculator on the website at www.tax.virginia.gov to complete this line. Enter the computed STA amount on Line 17 of Form 760. You must also enter the Virginia Adjusted Gross Income (VAGI) for your spouse. Using the STA, couples filing joint returns will not pay higher taxes than if they had filed separate returns. HOW IT WORKS: Virginia tax rates increase with income: 2% up to $3,000; 3% from $3,001 to $5,000; 5% from $5,001 to $17,000; and 5.75% for income over $17,000. The STA lets both incomes reported on jointly filed returns benefit from the lower tax rates. Line 23. Tax Credit for Low-Income Individuals or Virginia Earned Income Credit If you claimed a Credit for Low-Income Individuals or Virginia Earned Income Credit, enter the total amount from Line 17 of Schedule ADJ. Refer to Page 22 of this instruction booklet for additional information. The amount of the credit claimed may not exceed your tax liability on Line 18 of Form 760. For example, if the net tax on Line 18 is $141, and the allowable amount of your eligible credit is $300, then enter $141 on Line 23. Line 24. Credit for Tax Paid to Another State Enter the amount of credit for tax paid to another state that you claimed on Schedule OSC, Line 21. Refer to Page 29 for additional information. You must enclose Schedule OSC and a copy of each state return for which you are claiming credit. The other state’s return must show the computation of tax due. Using the STA Calculator at www.tax.virginia.gov, the Smiths compute the STA of $220, reducing their taxes to $2,225. Line 25. Credits from enclosed Schedule CR If you claimed any credits on Virginia Schedule CR, enter the amount from Section 5, Part 1, Line 1A of Virginia Schedule CR. Note: The Credit for Low-Income Individuals, the Credit for Taxes Paid to Another State and most credits from Schedule CR are nonrefundable.
Extracted from PDF file 2019-virginia-income-tax-instructions.pdf, last modified November 2019

More about the Virginia Income Tax Instructions Individual Income Tax

This booklet includes instructions for filling out and filing your Form 760 income tax return.

We last updated the Virginia Income Tax Instructional Booklet in January 2020, and the latest form we have available is for tax year 2019. This means that we don't yet have the updated form for the current tax year. Please check this page regularly, as we will post the updated form as soon as it is released by the Virginia Department of Taxation. You can print other Virginia tax forms here.


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Other Virginia Individual Income Tax Forms:

TaxFormFinder has an additional 135 Virginia income tax forms that you may need, plus all federal income tax forms.

Form Code Form Name
Form 760 760 - Resident Individual Income Tax Return
Form VA-4 Employee's Withholding Exemption Certificate
Income Tax Instructions Virginia Income Tax Instructional Booklet
Schedule ADJ ScheduleADJ- VA ScheduleADJ
Form 760PY Part-Year Resident Individual Income Tax Return

Download all VA tax forms View all 136 Virginia Income Tax Forms


Form Sources:

Virginia usually releases forms for the current tax year between January and April. We last updated Virginia Income Tax Instructions from the Department of Taxation in January 2020.

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About the Individual Income Tax

The IRS and most states collect a personal income tax, which is paid throughout the year via tax withholding or estimated income tax payments.

Most taxpayers are required to file a yearly income tax return in April to both the Internal Revenue Service and their state's revenue department, which will result in either a tax refund of excess withheld income or a tax payment if the withholding does not cover the taxpayer's entire liability. Every taxpayer's situation is different - please consult a CPA or licensed tax preparer to ensure that you are filing the correct tax forms!

Historical Past-Year Versions of Virginia Income Tax Instructions

We have a total of five past-year versions of Income Tax Instructions in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:


2019 Income Tax Instructions

2019 Form 760 Resident Individual Income Tax Booklet

2018 Income Tax Instructions

2018 Form 760 Resident Individual Income Tax Booklet

2017 Income Tax Instructions

2017 Form 760 Resident Individual Income Tax Booklet


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