Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 110 - INDIVIDUAL INCOME TAX › Section 23VAC10-110-180 - Taxable income of nonresidents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. The Virginia taxable income of
				a nonresident individual, partner,shareholder or beneficiary is Virginia
				taxable income computed as a resident multiplied by the ratio of net income,
				gain, loss and deductions from Virginia sources to net income, gain, loss and
				deductions from all sources.
B. Net
				income, gain, loss and deductions. As used in this regulation, "net income,
				gain, loss and deductions" includes income, gain, loss and deductions
				attributable to (i) the ownership of any interest in real or tangible personal
				property; (ii) the conduct of a business, trade, profession or occupation;
				(iii) wages, salary, and tips; and (iv) income from intangible personal
				property employed by an individual in a business, trade, profession or
				occupation. Net income, gain, loss and deductions includes interest income,
				dividends (less the exclusion allowed by IRC § 116), business income and
				loss, capital gains or losses (subject to the 60% long-term capital gains
				provisions of IRC § 1202), supplemental gains and losses, pensions and
				annuities (to the extent subject to federal taxation), rents, royalties, income
				from partnerships, estates, trusts, and S corporations, farm income and loss,
				unemployment compensation (to the extent) subject to federal taxation),
				interest on obligations of states other than Virginia, lump sum distributions,
				and other income such as gambling winnings, prizes and lottery winnings. "Net
				income, gain, loss and deductions from Virginia sources" means that
				attributable to property within Virginia, or to the conduct of a trade,
				business, occupation or profession within Virginia. Net income, gain, loss and
				deductions from Virginia sources includes salary, tips or wages earned in
				Virginia, gain on the sale of property located in Virginia, income or loss from
				a partnership, estate, trust, or S corporation doing business in Virginia, and
				income from intangible personal property employed by an individual in a
				business, trade, profession, or occupation carried on in Virginia.
EXAMPLE 1: Taxpayers A and B, a married couple filing a joint
				  return, are residents of State X. Their income and deductions for taxable year
				  1984 consists of the following:
Wages and salary
$30,000
Interest on State X obligations
5,000
40% of capital gain on sale of Va. property
65,000
Itemized deductions (includes 500 in Va. income tax)
10,000
Income from Va. S corp.
15,000
Interest on savings account in Va. bank
5,000
Rent received from Va. property
10,000
A and B are entitled to claim four personal exemptions and
				  their FAGI is $125,000. Their nonresident Virginia taxable income is computed
				  as follows:
Step 1: Income computed as a resident.
FAGI
$125,000
Less:
Itemized deductions
(9,500)
(Reduced by $500 Va. income tax deduction)
Exemptions
(2,400)
(11,900)
Plus:
Interest on State X obligations
5,000
Va. income computed as resident
$118,100
Step 2: Ratio of net income gain, loss and deductions from
				  all sources to Virginia sources
All Sources
Virginia Sources
Wages and salary
$30,000
0
Interest on State X obligations
5,000
0
Capital gain
65,000
$65,000
Va. S corporation distribution
15,000
15,000
Interest from savings
5,000
0
Rent
10,000
10,000
Totals
$130,000
$90,000
Va. source income
=
$90,000
x 69.2%
Income from all sources
$130,000
Step 3: Computation of Virginia taxable income.
$118,100
x 69.2% = $81,725
(Income computed as resident)
EXAMPLE 2: Taxpayer D, a single individual, is a resident of
				  State Y. His income and deductions for taxable year 1984 consist of the
				  following:
Wages and salary
$50,000
Taxable annuity
15,000
Loss from Va. partnership
(20,000)
Loss from sole proprietorship (in State Y)
(10,000)
Dividends received (exclusion taken)
20,000
40% of capital gain on sale of State Y property
60,000
Itemized deductions (include 2,000 in Va. income tax)
22,000
D is age 66 and is entitled to claim one exemption in
				  addition to the additional $400 exemption for taxpayers age 65 and over. D's
				  FAGI for 1984 is $115,000 and Virginia taxable income is computed as
				  follows:
Step 1: Income computed as a resident.
FAGI
$115,000
Less:
Itemized deductions
(20,000)
(Reduced by $2,000 Va. income tax deduction)
Personal exemptions
(1,600)
(21,000)
Income computed as resident
$93,400
Step 2: Ratio of net income gain, loss and deductions from
				  all sources to Virginia sources
All Sources
Virginia Sources
Wages and salary
$50,000
0
Taxable annuity
15,000
0
Partnership loss
(20,000)
($20,000)
Sole proprietorship loss
(10,000)
0
Dividends received
20,000
0
Capital gain
60,000
0
Totals
$115,000
($20,000)
Va. source income
=
($20,000)
x -17.4%
Income from all sources
$115,000
Step 3: Computation of Virginia taxable income.
$93,400
x -17.4% = $0
(Income computed as resident)
Since the ratio of net income gain, loss and deductions from
				  all sources to Virginia sources is less than 0 due to the Virginia source loss,
				  D has no Virginia taxable income.
EXAMPLE 3:H and W, a married couple filing a joint return are
				  residents of State W. Their income and deductions for taxable year 1984
				  consisting of the following:
Wages and salary
$12,000
Loss from State W farm
(8,000)
Interest on State W obligations
30,000
40% of capital gain on sale of Va. property
4,000
Taxable annuity
6,000
Itemized deductions
6,000
H and W are entitled to claim six exemptions and the FAGI for
				  1984 is $14,000. Their Virginia taxable income is computed as follows:
Step 1: Income computed as a resident
FAGI
$14,000
Less:
Itemized deductions
(6,000)
Personal Exemptions
(3,600)
(9,600)
Plus:
Interest on State W obligations
30,000
20,400
Income computed as Resident
$34,400
Step 2: Ratio of net income gain, loss, and deductions from
				  all sources to Virginia sources.
All Sources
Virginia Sources
Wages and salary
$12,000
0
Farm loss
(8,000)
0
State W obligations interest
30,000
0
Capital gain
4,000
4,000
Taxable annuity
6,000
6,000
Totals
$44,000
$10,000
Va. source income
=
$10,000
= 22.7%
Income from all sources
$44,000
Step 3: Computation of Virginia taxable income.
$34,400
x 22.7% = $7,809
(Income computed as resident)
C.
				Nonresident shareholders in S corporations. A nonresident individual who is a
				shareholder in an electing small business corporation (S corporation) must
				include in Virginia taxable income his share of the taxable income of such
				corporation. Such nonresident shareholder shall deduct from Virginia taxable
				income, his share of the net operating loss of an S corporation. The amount to
				be included or deducted shall be that which is attributable to a business,
				trade, profession or occupation carried on in this state.
Statutory Authority
§§ 58.1-203 and 58.1-325 of the Code of Virginia.