Virginia State income tax liability for nonresident working abroad

[dyingculture]

What is the name of your state (only U.S. law)? VA

Good afternoon,

I have a quick question about what can be done about my tax situation.

I work for a company based in Virginia. I am not a Virginia resident, I work abroad for this company, and I do not perform any work in Virginia. However, it appears that my entire salary is being counted as Virginia source income; my W-2 counts my entire salary as being Virginia income and therefore the entire amount is subject to VA tax.

I have contacted my company's tax department, requesting a corrected W-2. I have received no response whatsoever after multiple inquiries.

Bottom line: is it possible that my entire salary is subject to VA state tax, even though I am a nonresident and do not work in Virginia? And, if I cannot get a corrected W-2 from my employer, how can I fix this?

I have tried reading Virginia state tax law itself, and it is worded ambiguously. It is not clear what "Virginia source income" really is, even.

Thank you very much for your help.

Dan

 

[davew128]

It's not a matter of VA law. It's constitutional law. You're not subject to VA tax based on the due process clause.

 

[OHRoadwarrior]

Where is your legal US residence?

 

[LdiJ]

Where is your legal US residence?

If he is living abroad he doesn't have a legal US state of residence. That only applies to military and/or government personnel.

 

[LdiJ]

It's not a matter of VA law. It's constitutional law. You're not subject to VA tax based on the due process clause.

I agree, but it may be quite difficult to get the money back from VA. The OP needs to contact HR to get the matter resolved for 2014...before the year gets much further out.