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Old 02-16-2011, 09:10 PM
 
380 posts, read 958,193 times
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First off, I am a college student. So that may complicate my tax situation.

I have been going to school here in Florida since January 2009. However, I am registered to vote in Virginia and my permanent address is in Virginia as well. I am now working for a Florida business. My question is, will I have to pay Virginia income taxes on income I make in Florida? Anyone know where I can find out definitively this answer?

If I am required, my question then is how does Virginia know what income I make from another state. When I declare my income to Virginia do they just tax it as investment income, since it was earned outside Virginia? It would not surprise me if I do have to pay, but it annoys me that I will have to calculate it and write Virginia a check even though I spend 11 months out of the year here in Florida. Do I have to give up my beloved Virginia residence?

Luckily, Florida does not have an income tax of its own so I won't get double hit but nearly every other state has an income tax. So are their Virginia residents, working out of state paying 2 separate state income taxes along with federal, SS and medicare?
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Old 02-17-2011, 06:52 AM
 
9,732 posts, read 9,679,656 times
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I think you can claim your residence as your school address if you are a full-time student. You will then file as a resident of Florida.

When I was in college, we had students running for political jobs in the city where the school was located. The locals were up in arms claiming they were not citizens of the town. The courts disagreed and the student candidates were permitted on the ballot for town council.

If you are paying "out of state" tuition, that might have an impact on where you can call your home.
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Old 02-17-2011, 09:17 AM
 
955 posts, read 2,001,065 times
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By the book, Virginia classifies you as a Domiciliary Resident, as you have a permanent residence here, even though you are in school elsewhere. You will no longer be a domiciliary when you have a new residence with intentions to be a permanent resident in the new state (and you probably need to not have any car registrations, voting registration, etc in VA).

This means you have to pay taxes here. No, this is not "investment income", although unless it is capital gains it doesn't really matter the source, income from a job or investment is usually treated the same for the state.

When you file your VA taxes, you need to base it off your federal taxes, which is how they know how much you made elsewhere.

In general, you get a credit for taxes paid to other states, so if you were in a state that taxes more than VA, you would not owe VA taxes. If you were in a state that taxes less than VA, you would owe the difference between what you paid, and what you would have paid in VA (note, this is not exactly how it works, but a good simple approximation). Since you are in FL without state income taxes, you will likely pay the whole VA amount.
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Old 01-29-2013, 05:02 PM
 
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do i still pay federal tax eventhough i am not a resident of florida but worked in florida for a month
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Old 01-29-2013, 05:07 PM
 
12,905 posts, read 15,563,969 times
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Quote:
Originally Posted by dmevans75 View Post
do i still pay federal tax eventhough i am not a resident of florida but worked in florida for a month
If you work, you pay federal taxes unless you make under a certain amount of money--then you are exempt.
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Old 01-29-2013, 05:17 PM
 
Location: Everywhere and Nowhere
14,129 posts, read 31,113,429 times
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Are you an employee or a contractor? If an employee your company should be withholding VA state income tax based on your legal residence here. If you're a contractor you're on the honors system to report to VA as they're not likely to know you earned any income. However, if you don't I'm sure there are ways they could target you for an audit (like your car's registered here or you have a VA drivers license). As Casey Stengell used to say "you could look it up":

Who Must File -- Commonwealth of Virginia Department of Taxation
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Old 01-29-2013, 05:22 PM
 
12,905 posts, read 15,563,969 times
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Quote:
Originally Posted by CAVA1990 View Post
Are you an employee or a contractor? If an employee your company should be withholding VA state income tax based on your legal residence here. If you're a contractor you're on the honors system to report to VA as they're not likely to know you earned any income. However, if you don't I'm sure there are ways they could target you for an audit (like your car's registered here or you have a VA drivers license). As Casey Stengell used to say "you could look it up":

Who Must File -- Commonwealth of Virginia Department of Taxation

That sort of depends. My daughter iis a college student in West Virginia and works part-time. Now, WV and VA have reciprocal tax agreements so if she fills out a particular form with her employer there, they then withhold VA taxes. But her employer plays dumb, refuses to fill out the form and withholds WV taxes. So each year, she does a federal return, a WV return, and a VA return. WV issues her a refund for all the taxes paid to them, and she turns around and pays VA.

In the OP's case, he is in FL and I don't think there is an agreement between FL and VA. So he may have to do what my daughter does. And each state is different. In WV, even though my daughter is a VA resident, if she works in WV more that 230 days (or something like that), she actually has to give her tax money to WV and not VA.
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Old 01-29-2013, 06:44 PM
 
Location: Everywhere and Nowhere
14,129 posts, read 31,113,429 times
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Quote:
Originally Posted by ChristineVA View Post
In the OP's case, he is in FL and I don't think there is an agreement between FL and VA.
Florida has no state income tax so there would be no reason for an agreement.

I don't understand why people post these questions rather than just calling the state tax department to ask. They know the rules and will be more than happy to tell you.
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Old 01-29-2013, 06:50 PM
 
12,905 posts, read 15,563,969 times
Reputation: 9392
Quote:
Originally Posted by CAVA1990 View Post
Florida has no state income tax so there would be no reason for an agreement.

I don't understand why people post these questions rather than just calling the state tax department to ask. They know the rules and will be more than happy to tell you.
Shoot. Forgot about that.
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