Get the up-to-date 2023 Form 763S, Virginia Special Nonresident Claim For Individual Income Tax Withheld Virginia Speci-2024 now

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Virginia law imposes individual income tax filing requirements on virtually all Virginia residents, as well as on nonresidents who receive income from Virginia sources. The correct method for filing your income tax return and reporting Virginia taxable income depends on your residency status.
Virginia law conforms to the federal definition of income subject to withholding. Virginia withholding is generally required on any payment for which federal withholding is required. This includes most wages, pensions and annuities, gambling winnings, vacation pay, bonuses, and certain expense reimbursements.
If you meet any of the exceptions above and had Virginia withholding, you may need to file Form 763S, Virginia Special Nonresident Claim For Individual Income Tax Withheld to claim your refund. You may be a part-year resident if your residency in Virginia began or ended during the taxable year.
The PTE is required to withhold 5% of the share of taxable income from Virginia sources that is allocable to each nonresident owner. The amount of withholding tax may be reduced by any tax credits that were earned by the PTE and allowable by the Code of Virginia that pass through to nonresident owners.
Every resident of Virginia, including domiciliary residents, is liable to state income taxation as a resident.
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In general, an employer who pays wages to one or more employees in Virginia is required to deduct and withhold state income tax from those wages. Since Virginia law substantially conforms to federal law, if federal law requires an employer to withhold tax from any payment, we also require Virginia withholding.
Who pays withholding tax? Most employees are subject to withholding tax. Your employer is the one responsible for sending it to the IRS. In order to be exempt from tax withholding, you must have owed no federal income tax in the prior tax year and you must not expect to owe any federal income tax this tax year.
The term withholding tax refers to the money that an employer deducts from an employees gross wages and pays directly to the government. The vast majority of people who are employed in the United States are subject to tax withholding.

virginia form 763 s instructions