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Two Main forms for the same state

Is there a way to file a Form 760 and a form 763 for Virginia in the same year on the same tax payer? 

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3 Replies 3
Level 11

Are you asking about a 760PY and a 763?  If so, I do not know of a way to do this easily in ProSeries, so I'd recommend efiling the 760PY, wait for the ack, make a copy of the data file and then change your input to print and paper file a 763.  Do you have tax on both returns?  Most often when I see this, the 763 "income" is actually suspended passive rental losses so I don't bother.  But you could have VA source income during the non-residency period and VA Tax wants you to file two returns.

I can't think of a situation where you'd file both a 760 and a 763 for the same taxpayer in the same year.  How can they be both a resident and a non-resident?


this is a bizarre one.  the filer lived in NC and worked in VA for 5 months then moved to VA and worked in VA for the remaining 7. He paid VA all 12 months so ultimately the tax is owed to VA.  We just filed the $0 owed return for NC. 


My mentor suggested I have to fill out NC Part year VA non Res and then VA Part year.  

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Level 11

Since NC does not have reciprocity, you have a mess on your hands.

Your mentor is technically correct.  Three state returns are needed.  You'll need paystubs to determine how much of the VA income was resident vs. non-resident.  While an NC resident, the income is taxable in NC, but NC will give an out-of-state tax credit for taxes paid to VA.

With only one W-2 there's no easy way to allocate withholding between the VA 760PY and the VA 763.  I might be inclined to paper file the whole mess in one big envelope with a letter attached asking VA Tax to allocate the withholding in whatever way you come up with that makes sense and avoids underpayment penalties on both VA returns.  I would start with the paystub showing YTD VA W/H up until the date of the move.  Unless you have a bunch of other income or itemized deductions to deal with, that will probably pretty closely approximate the tax on the VA 763.

Good luck!



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