what state is resident vs nonresident

[vandivet]

What is the name of your state (only U.S. law)? I own a home in Colorado and have a Colorado license, but I stayed all year in Virginia. My question is what is my legal status for taxes for each state? I live with relatives in Virginia and had income from working in Virginia. I am a retired veteran and got a pension for the year.

 

[OHRoadwarrior]

You live in VA. You have established residency there.

 

[vandivet]

You live in VA. You have established residency there.

so I am not a resident of Colorado anymore? No Colorado Taxes?

 

[OHRoadwarrior]

You may own property there, you have established legal residency by law in VA.

 

[vandivet]

I am also married and my wife is in Colorado. How do I claim my retirement, Colorado or Virginia?

 

[OHRoadwarrior]

Where are you living when you retire? or retired? Taxes are apportioned to the states as you earned the income in them.

 

[vandivet]

Where are you living when you retire? or retired? Taxes are apportioned to the states as you earned the income in them.

I have lived in Colorado for the last 7 years but came to virginia to go to school. Been here the entire year...

 

[OHRoadwarrior]

You appear to be introducing additional variables at each turn. Here is VA law on the matter for tax purposes.
http://www.tax.virginia.gov/content/residency-status

 

[davew128]

You might be considered a resident of both. You should look at the rules for residency and domicile for both states.

 

[FlyingRon]

Understand that tax rules, voting rules, and driver's license requirement rules aren't necessarily operating off the same definition.

You ARE a resident of Virginia for Virginia tax purposes. You probably also should legally have a Virginia driver's license.

 

[davew128]

Just going to say that based on my recollection of the Virginia residency rules, that OP IS a resident based on physical presence. Virginia is not one of the states that has a non-resident exception for temporary presence for students. OP is probably also a Colorado resident because it doesn't seem the domicile there has been abandoned.

 

[FlyingRon]

Virginia considers you an "Actual Resident" (for tax purposes), if you spend more than 183 days in the state during the year.
There's no consideration for being a student. If you live here for more than 183 days you are a resident for the days you are here.

Read the last paragraph on this page: http://www.tax.virginia.gov/content/residency-status

 

[vandivet]

Understand that tax rules, voting rules, and driver's license requirement rules aren't necessarily operating off the same definition.

You ARE a resident of Virginia for Virginia tax purposes. You probably also should legally have a Virginia driver's license.

I cannot have 2 licenses. I tried to get a Virginia license and even an ID card and they would not let me without giving up my Colorado license. I am still a domicile resident of Colorado.

I have lived in Colorado for the last 7 years
I filed taxes in Colorado in 2015
I came to Virginia on 1 Jan 2015 to go to school and lived with relatives for the entire year
I bought and registered a car in Virginia with my Colorado license
I got a job and had income in Virginia, but also collected retirement pay
this is my confusion...and turbo tax as well

 

[Zigner]

I cannot have 2 licenses. I tried to get a Virginia license and even an ID card and they would not let me without giving up my Colorado license. I am still a domicile resident of Colorado.

I have lived in Colorado for the last 7 years
I filed taxes in Colorado in 2015
I came to Virginia on 1 Jan 2015 to go to school and lived with relatives for the entire year
I bought and registered a car in Virginia with my Colorado license
I got a job and had income in Virginia, but also collected retirement pay
this is my confusion...and turbo tax as well

The problem is that you really aren't a resident of Colorado. Once you understand that, things may be a little more clear.

 

[tranquility]

The problem is that you really aren't a resident of Colorado. Once you understand that, things may be a little more clear.

No. Emphatically, no. Making such a statement, while potentially correct, is no where near as declarative on our facts. Look to Bush the senior to see the issues. He vacationed in Kennebunkport (For many days.), lived in Washington DC (White House) and dreamed that someday he would return to (Non-income-taxation.)Texas. Guess where he was a resident of for tax purposes.

davew128 wrote:

You might be considered a resident of both. You should look at the rules for residency and domicile for both states.

Having tried to make the decision many times, that is the only answer. Even then, it might get down to facts and circumstances. (As most such decisions become.) Declaring the ANSWER over giving possibilities based on known facts, is going to be misleading.