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Old 09-16-2010, 12:38 PM
 
6 posts, read 33,088 times
Reputation: 21

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I suppose the real purpose of this thread is to solicit recommendations for a VA (or VA knowledgeable) tax preparer/cpa who can help with the issue. But I am open to any and all suggestions as to the actual issue if anyone has been in a similar situation.

Background information:
Live in NJ (actively trying to change that)
Will be working in Alexandria, VA
Will ensure I am a non-resident, not a resident or part year resident, of VA
This scenario could exist for 3-18 months because of a number of factors
There is no reciprocal agreement between the two states for taxes

Question:
How are VA state income taxes handled in this situation?

I understand that as an NJ resident I will be paying NJ taxes. No problem there as I can have my NJ taxes directly withheld from my pay and no messing around. What to do about VA taxes though? Would/Should I still fill out a VA-4 form and have some level of taxes withheld, then file for a credit on the taxes paid to NJ and get a refund? Fill out no VA-4 and pay no VA tax, file a non-resident return at the end of the year and see what happens? Has anyone done the latter and at return time ended up owing money, either straight balance or a balance plus penalties (for not paying throughout the year)? I wonder if VA will allow a non-resident to apply 100% of the taxes paid to the filers home state as a tax credit and, assuming the amount paid is higher than what VA would have required, allow the filer to legally pay no VA state tax?

Just trying to get a handle on this whole adventure before it starts. I haven't been very lucky getting information from CPA's in my area. I'm currently going through the VA Dept of Taxation website gleaning as much info I can.
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Old 09-16-2010, 12:43 PM
 
2,462 posts, read 8,878,617 times
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"No problem there as I can have my NJ taxes directly withheld from my pay and no messing around."

Your employer will withhold NJ taxes rather than VA taxes from your paycheck for work you performed in Virginia?
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Old 09-16-2010, 12:57 PM
 
6 posts, read 33,088 times
Reputation: 21
Quote:
Originally Posted by claremarie View Post
Your employer will withhold NJ taxes rather than VA taxes from your paycheck for work you performed in Virginia?
It sure looks like they will do that for me. I received an NJ-W4 form with my new hire packet as well as I know someone working at the same employer in VA having no VA state tax withheld but is having NJ state tax withheld. Until today that person claimed NJ Residency. They have changed that to VA though and will be filing a Part-Year Resident Return for 2010 taxes though.

I would ask this individual how their taxes were handled but they weren't employed in VA for the 2009 tax year and will be filing differently than myself for 2010.
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Old 09-16-2010, 01:20 PM
 
309 posts, read 823,763 times
Reputation: 99
Your employer will withhold NJ taxes rather than VA taxes from your paycheck for work you performed in Virginia?

This is incorrect. Your employer should withhold tax based on the state the work is being perfomed unless there is a reciprocal agreement between states. NJ and VA do not. The attached should help

http://www.tax.virginia.gov/taxforms...9/763Instr.pdf
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Old 09-17-2010, 11:33 AM
 
Location: In the woods
3,315 posts, read 10,038,678 times
Reputation: 1525
Quote:
Originally Posted by Claire2900 View Post
Your employer will withhold NJ taxes rather than VA taxes from your paycheck for work you performed in Virginia?

This is incorrect. Your employer should withhold tax based on the state the work is being perfomed unless there is a reciprocal agreement between states. NJ and VA do not. 3Instr.pdf
I think Claire2900 has it right; taxes should be withheld in the State of VA. When you file (as a NJ resident) you'll use the VA Non-Resident Form and file for the state taxes withheld by your employer.
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