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Due by May 1, 2023. Mail to the Department of Taxation, P.O. Box 1498, Richmond, Virginia 23218-1498. Both spouses must complete a separate Form 763-S when both filers have Virginia income tax withheld. I, the undersigned, do declare under penalties provided by law that this is a true, correct and complete return.
Yourself (and Spouse): Each filer is allowed one personal exemption. For married couples, each spouse is entitled to an exemption. When using the Spouse Tax Adjustment, each spouse must claim his or her own personal exemption.
Nonresidents File Form 763 Usually, when one spouse is a resident and the other spouse is a nonresident, each spouse whose income is at or above the filing threshold, must file separately. The resident spouse must file on Form 760. The nonresident spouse must file Form 763.
Nonresidents of Virginia must file a Form 763. (A person is considered a nonresident of Virginia if they lived in Virginia for less than 183 days in a calendar year). An instruction booklet with return mailing address is also available on the website. Part-Year Residents of Virginia file a Form 760PY.
If you are a nonresident alien, you cannot claim the standard deduction. However, students and business apprentices from India may be eligible to claim the standard deduction under Article 21 of the U.S.A.-India Income Tax Treaty.

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VA Form VA 763-S is not eligible for e-file and must be paper-filed. For more information, see the VA Electronic Filing FAQs.
Due by May 1, 2023. Mail to the Department of Taxation, P.O. Box 1498, Richmond, Virginia 23218-1498. Both spouses must complete a separate Form 763-S when both filers have Virginia income tax withheld. I, the undersigned, do declare under penalties provided by law that this is a true, correct and complete return.
IN GENERAL, WHEN A U.S. CITIZEN OR RESIDENT ALIEN IS MARRIED TO A NONRESIDENT ALIEN, THEIR FEDERAL TAX FILING STATUS IS MARRIED FILING SEPARATELY. HOWEVER, YOU MAY CHOOSE ANOTHER FILING STATUS IF YOU QUALIFY.

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