Temporary presence in DC and filing for D-40B

Forum|Forum|1 year ago
January 29, 2025
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I moved from CA to DC for work. I lived in DC for less than a month in an Airbnb while searching for an apartment in NOVA. I eventually found an apartment in VA and moved before my Airbnb ends.

I spent in total less than 30 days in DC, but during this period of time in DC, I received paychecks from work, and there were DC state tax withheld.

Do I need to file DC taxes? Can I file for D-40B for tax refund? If so, where do I owe this portion of state income tax to?

BillM223

You generally owe taxes to the state where you live and to the state(s) where you worked.

So although you did not "live" in DC (because it was not your domicile), you did work there.

So you owe DC 1) a non-resident tax return, and 2) you owe DC taxes for the time you worked in DC, even before and after you moved to Northern Virginia, so long as you were working in DC.

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lucaszz923Author

Based on the information I was able to find, "DC nonresidents are not required to file a DC return. A taxpayer working in DC but residing in another state is not subject to DC income tax."

I've been getting conflicting answers on this it seems.

AmyC

Employee

Normally people that work in DC file the D-4A with your employer, then you do not file a DC return. Provided you live in a reciprocal state.

Since you did have tax withheld, then you will need to file for the tax withheld. A nonresident return for tax withheld is the D-40B

The case could be made that you lived in DC and owe them some tax but I doubt you got a license and did all the things to establish yourself as a resident.

This can be a gray area.

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