The 763-S Virginia Special Nonresident Claim Form for 2021 is designed for individuals who are not residents of Virginia but had income tax withheld from their earnings in the state. This form allows nonresidents to claim exemptions and potentially receive a refund for taxes withheld under specific categories, such as commuting from another state, domiciliary state exemption, military spouse exemption, or taxes withheld in error. To ensure you take the necessary steps towards claiming your exemption and understanding your eligibility, click the button below to start filling out your form.
Navigating the intricacies of state tax requirements can sometimes feel overwhelming, particularly for nonresidents who earn an income in a state different from where they reside. This is where the 763-S Virginia Special Nonresident Claim for the year 2021 plays a crucial role. Designed to aid individuals who have had Virginia state income tax withheld under specific conditions - such as commuting from a neighboring state, being a domiciliary resident of another state, accompanying a military spouse, or encountering an error in tax withholding by an employer - this form helps claim back those taxes. Each section of the form serves distinct scenarios, offering a structured pathway to claim an exemption or a refund of wrongly withheld taxes. With a stipulated deadline for submission and a specific set of documentation requirements, including a possible need for copies of state income tax returns from the resident state, the form emphasizes timely and accurate completion. For military spouses, detailed documentation about their spouse's military service and their mutual state of residency is necessary to qualify for exemptions. Thus, the 763-S form represents a vital tool for nonresidents in Virginia, ensuring their rights to correct tax withholdings are well managed and clearly communicated.
763-S Virginia Special Nonresident Claim 2022
*VA763S122888*
For Individual Income Tax Withheld
First Name
MI
Last Name
Suffix
Your Social Security Number
Present Home Address (Number and Street, Including Apartment Number or Rural Route)
Spouse’s Social Security Number
City, Town or Post Office
State
ZIP Code
I (we) authorize the Department of Taxation to discuss my (our) return with my (our) preparer.
Amended Claim
Va. Dept. of Taxation 763S F 2601046 Rev. 06/22
Date of Birth
Your Birthday
-
Primary Taxpayer Deceased (Include Federal Form 1310 if
(MM-DD-YYYY)
applicable)
STEP I - Select Exemption Category
Review categories 1 - 4 below and enter the category number for which you are claiming an exemption.
1Commuter State Exemption: I declare that during the taxable year shown above I commuted on a daily basis from my place of residence to work in Virginia. My only income from sources within Virginia was from wages and salaries, which are subject to taxation by the state or district checked below. I did not live in nor was I a domiciliary or legal resident of Virginia at any time.
Check One:
District of Columbia
Kentucky
2Domiciliary State Exemption: I declare that during the taxable year shown above I was a domiciliary or legal resident of the state checked below. My only income from sources within Virginia was from wages and salaries, which are subject to taxation by the state checked below. I am not an actual resident of Virginia and I did not maintain a place of abode in Virginia for a total of more than 183 days.
Maryland
Pennsylvania
West Virginia
3Military Spouse Exemption: Complete the second page of this form first to provide information regarding your eligibility for this exemption. I declare that, for the entire portion of the taxable year I lived in Virginia, I was present in the state solely to be with my servicemember spouse who was on active military duty and in Virginia pursuant to military orders. To be exempt, either (1) you and your servicemember spouse must have the same non-Virginia domiciliary or legal state of residency or
(2) you must elect to use the same residence for purposes of taxation as that of your servicemember spouse. If you are claiming this exemption, enter the 2 letter state abbreviation for the domiciliary or legal state of residency of your servicemember spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Tax Withheld in Error by Employer: I declare that during the taxable year shown above I was not a domiciliary or legal resident of Virginia at any time. I did not perform any services in Virginia and the Virginia tax was erroneously withheld from salary and wages paid to me by my employer.
Enter the 2 letter state abbreviation for your domiciliary or legal state of residency . . . . . . . . . . . .
STEP II - Enter amount of Virginia Tax withheld requested to be refunded:
If amended, enter the full refund amount as it should have been reported $ on the original return. You must provide copies of your withholding statements.
STEP III - Avoid delays: If you are a Resident of a State with an Individual Income Tax, enclose a complete copy of your State of Residence Income Tax Return and check this box.
If the Direct Deposit section below is not completed, your refund will be issued by check.
DIRECT BANK DEPOSIT
Your Bank Routing Transit Number
Account Number
Checking
Savings
Domestic Accounts Only
No International Deposits
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.
Please
Your Signature
Date
Your Phone
Office Use
Sign Here
X
Preparer’s
Preparer’s Name
Preparer’s Phone Number
Use Only
Firm’s Name (or Yours if Self-employed) and Address
Preparer’s FEIN/PTIN/SSN
Code
Military Spouse Qualification
Complete each question below and provide copies of the requested documentation before claiming Exemption Category 3 on the front of this form. Incomplete responses or missing documentation could cause your refund to be delayed. The provisions of the Servicemember Civil Relief Act apply only to spouses of military servicemembers and do not apply to dependents.
I.Your spouse is a member of the armed forces present in Virginia in compliance with military orders.
1. Was your spouse in active military service for the taxable year in question?
Yes
No
a. If your spouse was discharged from full-time military service, what was
the date your spouse left the service?
_________________
MM/DD/YYYY
b.If your spouse was in the military at any time for the taxable year in question, provide his or her duty station(s) for the taxable year. Additional rows are provided in case your spouse had more than one duty station during the taxable year.
Location of Duty Station (include country if not USA)
Date Assignment Started
Date Assignment Ended
2. Where and when were you and your spouse married?
State ______________ _________________
3.Enclose a copy of your military ID card. This would be a military identification card issued to spouses of military personnel. If a military identification card has not been issued, check here.
4.What is your spouse’s state of domicile or legal state of residency? (Enter here and on Line 3 on
the first page of this return)
Enclose a copy of one or more of the following documents showing the military servicemember’s domicile or legal state of residency
(check the appropriate boxes to indicate which documents you are providing).
Leave & Earning Statement (LES) for the year in question
Current driver’s license from the military servicemember’s domicile state
DD Form 2058 (State of Legal Residence Certificate)
Other _______________________________________________________________________________
II.You are present in Virginia solely to be with your spouse.
5. Do you own a business or any income producing property in Virginia?
a.If yes, please describe. ___________________________________________________________________
III.You have the same non-Virginia domiciliary or legal state of residency as that of your servicemember spouse, or you elect to use the same non-Virginia state of residency as that of your servicemember spouse.
6.Did you file a state income tax return for the year in question with the state reported under question 4 above?
If you answered yes, enclose a copy of your state income tax return for the year in question. If your state of residency for tax purposes does not have an income tax, check here.
Note: A copy of documents requested above will assist the Department in speeding up the issuance of the refund.
Filling out the 763-S Virginia Special Nonresident Claim form is a vital step for certain individuals claiming tax exemptions for income earned in Virginia. This form requires careful attention to detail, ensuring all provided information is accurate and complete. Below, find a step-by-step guide designed to help you navigate through each section of the form, making the process as smooth as possible.
By following these steps carefully, you ensure your 763-S Virginia Special Nonresident Claim form is accurately completed, paving the way for a successful exemption claim. Remember to double-check all personal information and attached documents before mailing the form to the Department of Taxation to avoid any unnecessary delays in processing your claim.
This form is for individuals who are not residents of Virginia but had income tax withheld from Virginia sources. It's used to request a refund of that tax under specific circumstances, such as working in Virginia while living in another state or being a military spouse.
Nonresidents who had Virginia income tax withheld from their wages and meet one of the specified exemption categories need to file this form to potentially receive a refund.
You need to attach copies of your withholding statements, your state of residence income tax return if applicable, and any additional documents that support the exemption you are claiming. Military spouses must also provide specific documents regarding their spouse's military orders and domicile state.
Complete the second page first, providing details about your spouse's service, your marriage, and both of your residencies. Attach copies of your military ID, your spouse's Leave & Earnings Statement (LES), or other specified documents that prove your exemption eligibility.
The form is due by May 1 of the year following the tax year in question. For instance, for the 2021 tax year, the form should have been submitted by May 1, 2022.
You can amend your claim by checking the "Amended Claim" box on the form, entering the correct refund amount, and providing an explanation for the changes. Attach any necessary revised documents.
If you complete the Direct Deposit section, your refund will be deposited to your bank account. Otherwise, a check will be mailed to the address you provided on the form.
No, each spouse must file a separate 763-S form if both had Virginia income tax withheld and are seeking refunds.
Filling out forms can sometimes be a straightforward process, but when it comes to tax documents, such as the 763 S Virginia Special Nonresident Claim form, there are common mistakes people tend to make. Here are five examples:
It's important to review your form multiple times before submission. Ensuring accuracy and completeness can help avoid unnecessary delays or issues with your claim. Being precise with exemption categories, including all necessary documents, correctly filling in personal information sections, signing and dating the form, and including a copy of your state residence tax return when required, are all steps that make the submission process smoother.
When handling the 763 S Virginia form, also known as the Virginia Special Nonresident Claim 2021, it's important to compile and organize several other forms and documents. These additional documents are critical in supporting the claim, ensuring accuracy, and facilitating the processing of exemptions or refunds due. Below is a list of documents often used alongside the 763 S Virginia form, each serving a unique role in the submission process.
Gathering and submitting these documents along with the 763 S Virginia form ensures a smoother process for both the filer and the reviewing authorities. Every document plays a crucial role in substantiating the claims made on the form, whether it's for a commuter state exemption, a domicile state exemption, a military spouse exemption, or correcting tax withheld in error. Proper documentation helps in avoiding delays and ensures the accurate and timely processing of claims.
The 763-S Virginia Special Nonresident Claim Form shares similarities with various other tax-related documentation across different jurisdictions, primarily due to its focus on nonresident and military spouse exemptions and the requirement for detailed income and residency information. This similarity is observed in several key aspects, including the structure of information requested, the nature of exemptions claimed, and the supportive documentation needed for processing.
One document similar to the 763-S form is the California Form 540NR, designed for nonresidents or part-year residents who need to declare income earned within the state. Both forms necessitate detailed personal information, income specifics, and a breakdown of residency status to determine the correct tax obligations and potential exemptions. The California 540NR, like the 763-S, divides income into sources within and outside the state, demanding an accurate reporting to justify nonresident tax claims or exemptions. Further, both forms enable individuals who are not full-time residents but have earned income in the respective state to file for exemptions or adjustments based on their residency status or special conditions, such as military assignments.
Another analogous document is the New York State IT-203 Form, used by nonresidents to report income earned from New York sources. Similar to the Virginia 763-S form, the IT-203 requires a comprehensive listing of income, deductions, and credits pertinent to New York State taxation. Both forms are designed to accommodate individuals who work in one state while residing in another, including provisions specific to nonresidents, such as the ability to claim a reimbursement for taxes withheld erroneously. Submissions of these forms must be accompanied by detailed proof of income (like W-2s or equivalent documentation) and a declaration of residency status, underscoring the necessity of substantiating claims regarding nonresident income and tax withholdings.
Moreover, the Arizona Nonresident Personal Income Tax Form 140NR shares a resemblance with the Virginia 763-S in its purpose and requirement for nonresidents to disclose income sources within the state and apply for applicable deductions and credits. The forms align in their approach to nonresident taxation, allowing those who live outside the state but earn income within to delineate their earnings and potentially recover improperly withheld taxes. They similarly underline the importance of clarifying one's residency and income status to ascertain the accurate tax liabilities, demonstrating a universal approach to handling nonresident tax matters across states.
When completing the 763 S Virginia Special Nonresident Claim form, it's important to adhere to specific guidelines to ensure the process is smooth and successful. Here are 10 tips to guide you through filling out the form accurately:
By adhering to these tips, you can navigate the process of completing the 763 S Virginia Special Nonresident Claim form with confidence and accuracy.
Understanding the intricate details of tax forms can sometimes lead to misconceptions and incorrect filings. The 763-S Virginia Special Nonresident Claim Form is no exception. Here are ten common misconceptions about this form clarified for better understanding.
By addressing these misconceptions, taxpayers can better navigate the nuances of the 763-S Virginia Special Nonresident Claim Form, ensuring accurate and timely submissions that reflect their true tax situation.
Virginia Epi 1 - A form utilized by medical professionals in Virginia to meticulously report infectious diseases to public health authorities, ensuring the prompt containment and treatment of such diseases.
Form 760 - Officers of the corporation are required to sign the amended return, certifying its accuracy under penalty of law.