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Virginia Free Printable 2021 Form 760 Resident Individual Income Tax Booklet for 2022 Virginia Virginia Income Tax Instructional Booklet

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Virginia Income Tax Instructional Booklet
2021 Form 760 Resident Individual Income Tax Booklet

VIRGINIA 2021 Form 760 Resident Individual Income Tax Booklet u Please file electronically! u Filing on paper means waiting longer for your refund. Due to COVID-19 protocols, it will likely take longer than in previous years for a paper return to make its way through the system. We encourage you to file electronically and to request a refund, if you have one coming, via direct deposit. Here are 6 advantages of filing electronically: c c c c c c FASTER REFUND – File electronically and request your refund as a direct deposit into your bank account. FEWER MISTAKES – Electronic filing does the math for you and helps avoid costly mistakes, such as transposing numbers and calculation errors. EASY TO USE – Follow step-by-step instructions for easy guidance through completing your return. PROOF OF RECEIPT – When you file electronically, you’ll get a confirmation your return was received. CONFIDENTIALITY – Our electronic filing options meet strict security guidelines to protect your identity and personal information. CONVENIENCE – Access your tax account from anywhere 24/7. www.tax.virginia.gov Va. Dept. of Taxation 2614089 Rev. 02/22 Virginia Tax Online Services www.tax.virginia.gov Get Your Tax Refund Faster Using e-File Last year, over 3.8 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. • Paid e-File - Commercial tax preparation and e-File software available online or over-the-counter for personal use and through tax preparers. Visit our website 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 our website. 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 To make an Estimated Tax Payment, a Filing Extension Payment, a Return Payment or pay a Tax Bill online from your bank account, credit or debit card, visit www.tax.virginia.gov/payments. Take Advantage of More Individual Online Services From your personal home page you can: • View total estimated payments made for the current tax year and any overpayment you may have carried forward to the current year from your previous year’s tax return. • Update your address and phone numbers in your personal profile at any time. • View your transaction history including return status, refunds, payments and correspondence sent to you by the Department. • Set up to receive alerts and reminders. 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. 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............................................................................................................................................... 7 Do You Need to Complete Virginia Schedule ADJ?....................................................................................... 7 Assembling Your Return................................................................................................................................. 7 Form 760 Line Instructions............................................................................................................................. 7 Age 65 and Older Deduction Worksheet........................................................................................................ 9 Spouse Tax Adjustment Worksheet.............................................................................................................. 12 Schedule ADJ Line Instructions.................................................................................................................... 16 Additions to Income................................................................................................................................... 17 Subtractions from Income.......................................................................................................................... 18 Deductions from Income............................................................................................................................ 21 Tax Credit for Low-Income Individuals or Virginia Earned Income Credit................................................. 23 Addition to Tax, Penalty and Interest............................................................................................................ 24 Health Care Coverage Contact Information................................................................................................. 25 Schedule VAC Line Instructions................................................................................................................... 25 Virginia529 and ABLE Contributions......................................................................................................... 25 Other Voluntary Contributions................................................................................................................... 26 Voluntary Contributions (Information on Organizations)............................................................................... 27 Library Foundation Contributions................................................................................................................. 28 Public School Foundation Contributions...................................................................................................... 29 Credit for Taxes Paid to Another State......................................................................................................... 30 Schedule OSC Line Instructions............................................................................................................... 31 About Virginia Schedule CR......................................................................................................................... 32 Tax Rate Schedule....................................................................................................................................... 33 List of Localities and Mailing Addresses....................................................................................................... 43 What’s New Virginia’s a’s Fixed Date Conformity with the Internal Revenue Code: Virginia’s date of conformity with the Internal Revenue Code (IRC) was advanced from December 31, 2019 to December 31, 2020, subject to certain exceptions. exceptions This legislation also generally conformed Virginia to the provisions of the federal Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and the Consolidated Appropriations Act, 2021. However, Virginia specifically deconforms from certain provisions of this federal legislation. This includes, but is not limited to, provisions that temporarily change limitations applicable to the net operating loss deduction, excess business losses, and the business interest deduction. Please see Tax Bulletin 21-4, posted on the Department’s website at www.tax.virginia.gov, for additional information regarding Virginia’s conformity with the IRC and adjustments that may be required as a result of this legislation. 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. 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, Virginia deconforms from the suspension of the overall limitation on itemized deductions, commonly known as the Pease limitation. For Taxable Year 2021, Virginia will deconform from the increase in the medical expense deduction. See Virginia Schedule A and the Schedule A Instructions for more information. Facilitated Health Care Enrollment: Effective January 1, 2021, taxpayers have the option to indicate that they and/or their dependents are without health insurance and agree to the sharing of certain tax return information with the Virginia Department of Medical Assistance Services (DMAS). If the authorization oval below the address section on Form 760 is marked, preferred contact details and other tax return information will be provided to DMAS for purposes of determining eligibility for income-based medical assistance programs. See Page 8 instructions for details. Increased Annual Credit Caps for Research and Development Tax Credits: For taxable years beginning on and after January 1, 2021, the annual cap for the Research and Development Tax Credit increased from $7 million to $7.7 million per fiscal year. The annual cap for the Major Research and Development Tax Credit increased from $20 million to $24 million per fiscal year. See Forms RDC and MRD for additional information. Schedule CR Instructions for additional information. Virginia Housing Opportunity Tax Credit: For taxable years beginning on and after January 1, 2021, but before January 1, 2026, taxpayers may claim a Virginia tax credit in an amount substantially similar to the amount of the federal lowincome housing tax credit allocated or allowed by the Virginia Housing Development Authority to such projects. Taxpayers may claim this credit against the individual income tax, estate and trust income tax, corporate income tax, bank franchise tax, insurance premiums license tax, and license tax on telegraph, telephone, water, heat, light, power, and pipeline companies. See Schedule CR Instructions for more information. Changes to Agricultural Best Management Practices Tax Credit: For taxable years beginning on and after January 1, 2021, but before January 1, 2025, the Agricultural Best Management Practices Tax Credit has increased to 25% of the first $100,000 expended for agricultural best management practices. Additionally, an expanded credit is available to taxpayers that are engaged in agricultural production for market, or that have equines that create needs for agricultural best management practices to reduce nonpoint source pollutants, and have in place a resource management plan approved by the local Soil and Water Conservation District. The amount of the expanded credit is equal to 50% of the first $100,000 expended. Taxpayers must apply for their share of the credit using Form ABM. See Form ABM and Schedule CR Instructions for more information. New Conservation Tillage and Precision Agriculture Equipment Tax Credit: For taxable years beginning on and after January 1, 2021, but before January 1, 2026, a refundable tax credit is available for the purchase of certain types of conservation tillage and precision agricultural application equipment. The credit equals 25% of all expenditures made by the taxpayer for the purchase of certain agricultural equipment certified by the Virginia Soil and Water Conservation Board. The credit amount cannot exceed $17,500 in the year of purchase. Taxpayers must apply for the credit using Form AEC. See Form AEC and Schedule CR Instructions for more information. The Conservation Tillage Equipment Tax Credit and Precision Fertilizer and Pesticide Application Equipment Tax Credit expired effective January 1, 2021. Any unused balance can be carried over for 5 years or until the entire credit amount has been taken, whichever is first. Changes to Coal-Related Tax Credits: The Coalfield Employment Enhancement Tax Credit and Coal Employment and Production Incentive Tax Credit will expire January 1, 2022. Electricity generators that originally earned the Virginia Coal Employment and Production Incentive Tax Credits may continue to carry forward amounts of credit for up to 10 taxable years or until the full amount is used, whichever is sooner. However, a taxpayer claiming carryover credits on a return for taxable years beginning on and after January 1, 2022 may not claim more than $1 million in credits for a single taxable year. No taxpayer may amend a return for a taxable year beginning before January 1, 2022 to claim more credits than the amount included on such return before amending it. Port of Virginia Tax Credits Sunset Date: The sunset date for three Port of Virginia Tax Credits has been extended to tax years beginning before January 1, 2025. These credits include Barge and Rail Usage Tax Credit, International Trade Facility Tax Credit, and Port Volume Increase Tax Credit. See 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: 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 $2,500, (ii) any payment made with regard to a return or extension of time to file exceeds $2,500, or (iii) the taxpayer’s estimated total tax liability exceeds $10,000. 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 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 When to File Your Return 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. Please visit the Department at www.tax. virginia.gov to find out more about these programs. If you file online do not send 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 • Use our online fillable forms: download, type in your filing information, then print • 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. 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 36. You must file 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 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, 2021 - December 31, 2021, your individual income tax return must be postmarked no later than May 1, 2022, to avoid penalties and interest. When the last day on which a tax return may be filed or a tax may be paid falls on a Saturday, Sunday or legal holiday, you may file and make payment without penalty or interest on the next succeeding business day. 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, 2022. 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. 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 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. • If the federal adjustment is the result of an audit or other action by the IRS, and the taxpayer filed as a member of a Virginia combined or consolidated return, the final determination date is defined as the first day on which no related federal adjustments arising from that audit remain to be finally determined for the entire group. In addition, every member of the armed services deployed outside of the United States is allowed an extension of their 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 the IRS provided documentation that acknowledges acceptance of your federal amended return, enclose a copy with the Virginia amended return. 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 • If the federal adjustment results from filing an amended federal return, a federal refund claim, or an administrative adjustment request or if it is a federal adjustment reported on an amended federal return or other similar report, the final determination date is defined as the day on which the amended return, refund claim, administrative adjustment request, or other similar report was filed. If you are an owner of a partnership and receive Form 502FED-1, Virginia Partnership-Level Federal Adjustments Report, from the partnership and need to file an amended Virginia return in order to report the distributive share of the partnership-level adjustment, you must enclose a copy of Form 502FED-1 with the amended return. Any taxpayer filing an amended federal return must also file an amended state return and must pay any additional tax and interest due, if applicable. 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, 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; Individuals are required to report to the Department federal adjustments and pay any additional amounts due within one year after the final determination date of such adjustments (“the one-year requirement”). For the purposes of the oneyear requirement, the “final determination date” is defined as one of the following: • 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 • If the federal adjustment is the result of an audit or other action by the IRS, the final determination date is defined as the first day on which no federal adjustments arising from that audit or other action remain to be finally determined. For agreements required to be signed by the IRS and the taxpayer, the final determination date is defined as the date on which the last party signed the agreement. 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. • 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. Page 4 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. Amended Return If you are filing an amended return, fill in the amended return oval. In addition, enter the appropriate amended return reason code (see below) in the space provided. Select the reason code that best indicates why your return is being amended and enclose the appropriate documentation. Code 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. Amended Return Reason 01 NOL • A domiciliary resident of another state may also be an actual resident of Virginia. 02 Partnership Level Federal Adjustment – Enclose Form 502FED-1 • Virginia residency may be either full-year or part-year. 03 Federal Return Amended or Adjusted – Enclose copy of IRS final determination, if applicable 04 Virginia Return – Changes to subtractions, deductions, additions, and credits 30 Other – Enclose Explanation • 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 If the amended return is the result of a net operating loss (NOL) carryback, use the general instructions for computing the NOL from the Virginia Administrative Code (Title 23, Taxation) website at law.lis.virginia.gov. Select the link for Virginia Administrative Code and find Title 23 Taxation. Select Agency 10, Department of Taxation and Chapter 110 Individual Income Tax. General instructions are provided in 23VAC10-110-80 and 23VAC10-110-81. Enclose a complete copy of your amended federal return and the Virginia Modification Worksheet, if applicable. Worksheet for Amended Returns 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_________________ 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 their 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. 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. 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. Military Personnel and Members of the U.S. Congress: If you are a member of the armed forces or of the U.S. Congress Page 5 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. 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 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. Exceptions for Certain Nonresidents 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. 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 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 Page 6 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. • Schedule VAC • Schedule OSC • Schedule CR • Form 760C or Form 760F • Virginia Credit Schedules • Other Virginia Statements or Schedules • Other required enclosures 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. Reminder: Keep copies of your completed Form 760 and all supporting documentation for 3 years. Getting Started Form 760 Line Instructions Before you begin to prepare your Virginia Form 760, you will need the following: Do not use staples. Name and Address • Virginia Schedule ADJ. See next section. 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. • Schedule OSC and other state income tax returns filed, if you are claiming the credit for tax paid to another state. Address Change: If your address has changed since last filing, fill in the oval in the street address area. • Virginia Schedule CR. See Page 32. Social Security Number • Virginia Schedule VAC. See Page 25. 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. • Your completed federal income tax return. • W-2, 1099 and VK-1 forms with Virginia withholding. 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. 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 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 Surviving Spouse filing Joint Return: As the surviving spouse, you are considered the primary taxpayer. To complete your return: If you file your return by paper, enclose the original Virginia • List your name, Social Security Number and Date of Birth Form 760, Schedule ADJ, Schedule VAC, Schedule OSC first on the return and Schedule CR. Do not send photocopies of these • Include your spouse’s name, Social Security Number forms. Photocopies of all other supporting documents are and Date of Birth in the fields labeled for “Spouse” acceptable. • Fill-in the Deceased oval next to the field for your REQUIRED ENCLOSURES WITH FORM 760 spouse’s Date of Birth • Forms W-2, 1099 and VK-1 showing • Any refund issued will be made payable to the surviving Virginia withholding spouse. The refund may be direct deposited • Virginia Schedule A • No additional documentation is required • Schedule ADJ Single Filers: If you are the court-appointed or certified Personal Representative (also referred to as Executor or • Schedule ADJS Page 7 Assembling Your Return 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 courtappointed Personal Representative 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, 2022. Enter the corresponding number in the boxes provided on Form 760. Local school funding is allocated based in part on this information. Facilitated Health Insurance Enrollment: For taxable years beginning on and after January 1, 2021, the Department of Taxation is required to include on individual income tax returns a checkoff to allow taxpayers to voluntarily indicate whether the individual or spouse, in the case of a married taxpayer filing jointly, or any dependent of the individual is an uninsured individual at the time the return is filed; and voluntarily consents to the Department of Taxation providing certain taxpayer information to the Department of Medical Assistance Services (DMAS) for purposes of affirming that the uninsured individual, spouse, or any dependents meet the income eligibility requirements for medical assistance. If the individual or spouse voluntarily consents, the Department is authorized to disclose to DMAS the individual’s or spouse’s: • Name; • Address; • Social Security number; • Number and type of personal exemptions; • Tax-filing status; and • Adjusted gross income The information may not be used to determine that an individual is ineligible for medical assistance. The Department is only authorized to disclose information to DMAS upon entering a written agreement regarding the disclosure of taxpayer information. If you would like for the Department of Taxation to disclose certain information to DMAS for the purposes set forth above, fill in the requisite oval on Page 1 of Form 760. Also complete the Health Care Coverage Contact Information section of Schedule ADJ if you have a preferred contact method. • • • • a result of self-employment as a farmer, fisherman or merchant seaman. Amended Return. Fill in oval and enter the amended return reason code from the list provided on Page 5 of these instructions. Overseas on due date. If you were overseas on May 1, 2022, fill in this oval and enclose a statement explaining your situation. Your return is due by July 1, 2022. 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 Issue Date. If you do not have a Virginia driver’s license, but have a Virginia ID Card, enter the identification number and issue date from the ID Card. If filing a joint return, enter the information for both spouses. Providing this information is 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 their 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 their respective share of the joint federal adjusted gross income. Ovals Fill in any ovals that apply. • Name or filing status has changed • Virginia return not filed last year Exemptions • Dependent on another’s return Enter the number of exemptions allowed in the boxes. • Qualifying farmer, fisherman or merchant seaman. Fill in this oval if at least 2/3 of your gross income is Page 8 Age 65 and Older Deduction Worksheet FOR 2021: Only taxpayers born on or between January 2, 1939, and January 1, 1957, may claim an income-based age deduction for the 2021 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, 1957, who are claiming an income-based age deduction for Age 65 and Older. A. Filing Status 1, Single: Enter 1. B. All Married Taxpayers: • If one spouse is claiming an income-based age deduction: Enter 1. • 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 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, 2022. 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 2021 taxable year, taxpayers born on or before January 1, 1957, 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, 1956, read below. Taxpayers Age 65 and Older If you or your spouse were born on or before January 1, 1957, you may qualify to claim an age deduction of up to $12,000 each for 2021. 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. • On or between January 2, 1939, and January 1, 1957: 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 Page 10 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 2021 General Assembly Session are provided in Tax Bulletin 21-4 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 ta
Extracted from PDF file 2021-virginia-income-tax-instructions.pdf, last modified February 2022

More about the Virginia Income Tax Instructions Individual Income Tax TY 2021

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 March 2022, so this is the latest version of Income Tax Instructions, fully updated for tax year 2021. You can download or print current or past-year PDFs of Income Tax Instructions directly from TaxFormFinder. 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 VA-4 Employee's Withholding Exemption Certificate
Form 760 Resident Individual Income Tax Return
Form 760ES VA Estimated Income Tax Payment Vouchers and Instructions for Individuals
Form 763 Nonresident Individual Income Tax Return
Income Tax Instructions Virginia Income Tax Instructional Booklet

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 March 2022.

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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 seven 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:


2021 Income Tax Instructions

2021 Form 760 Resident Individual Income Tax Booklet

2020 Income Tax Instructions

2020 Form 760 Resident Individual Income Tax Booklet

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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