Form 763 2010-2025

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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.
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.
If you live in another state and have rental property and/or business income from Virginia, file Virginia Form 763, a nonresident tax return.
File Form 763, the nonresident return, to report the Virginia source income received as a nonresident. Generally, nonresidents with income from Virginia sources must file a Virginia return if their income is at or above the filing threshold.
Returns that cannot be filed electronically: 763S Virginia Special Nonresident Claim for Individual Income Tax Withheld. Any Virginia income tax return when the federal return is a U.S. Nonresident Alien or Dual-Status Income Tax return (Form 1040NR or 1040NR-EZ)
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Form 1040EZ can only be used by those who are U.S. citizens, permanent resident aliens or residents for tax purposes. Non-resident aliens must use form 1040NR or Form 1040NR-EZ.
The state of Virginia allows a special nonresident claim for taxes paid to the state by nonresidents in error, or under special circumstances. Both spouses must complete a separate Form 763-S when both filers have Virginia income tax withheld.

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