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November 22, 2023
Question

Which state should I pay my taxes too - a bit complicated situation

  • November 22, 2023
  • 1 reply
  • 0 views

Hello,

 

I currently moved to Florida from VA.  I have worked for a federal agency in DC since 1997; however, my office was moved to Virginia in 2010 (was detailed out to another agency in Virginia) .  My duty station is still in DC though as I am on the payroll of the DC based agency and not the Virginia one.  As I read the VA state tax regs I understand that I will still need to pay VA state income tax if my income is sourced from Virginia.  I will be teleworking in Florida in 2024 (with trips up to VA twice a month for a few days) until I retire in 2025.  I expect to sell my Virginia house this spring.  My question is:  is my income really sourced from Virginia or DC?  If its sourced from VA then it appears to me I will need to pay state income taxes for all of the days spent in VA.  (assuming I can prove my new domicile in Florida)   However, if my income is sourced from DC then I am unsure if I need to pay any VA state income taxes?  Maybe then I will need to pay DC taxes for my trips up to VA?  

    1 reply

    Hal_Al
    Employee
    November 22, 2023

    You pay VA tax only on the income earned for the days actually worked in VA.  You will not pay any DC tax.  VA "sourced" and DC* "sourced" income is based on where you physically work. 

     

    For the year of the move , you will file a VA part year resident return. After that, you file a non resident return.

     

    *The DC reciprocity rule makes DC sourced wages not taxable to residents of other states. 

    Employee
    November 22, 2023

    To put it another way: DC income tax is levied only on residents of DC.  A resident is someone who is either domiciled in DC or who maintains a place of abode in DC for 183 days or more during the tax year.

     

    Any income you earn from work you actually (physically) perform in VA is taxable by VA.  So  you will need to keep track of your days worked in VA after your move to FL.

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.