Residents

Married filers should pay special attention to the information under Spouse Tax Adjustment below.

Filing Status 1 - Single: If your filing status on your federal return was Single, Head of Household, or Qualifying Widow(er), you must use Filing Status 1 on your Virginia income tax return. You are considered single if you are unmarried, or if you are divorced or legally separated under a separate maintenance decree.

Filing Status 2 - Married, Filing a Joint Return: You may use this status if you are married and (1) you filed a joint federal return; (2) both you and your spouse are Virginia residents, or (3) neither you nor your spouse was required to file a federal return. When only one spouse has income, a married couple should use Filing Status 2.

Filing Status 3 - Married, Filing a Separate Return: If you and your spouse filed separate federal returns, you may use this filing status. If you and your spouse filed a joint federal return, but only one of you is a Virginia resident, the resident must use Filing Status 3. When using Filing Status 3, complete your tax return as follows: (1) Compute your federal adjusted gross income as though you had filed separately on your federal return; (2) claim only the personal and dependent exemptions, itemized deductions (if claimed on your federal return), and child and dependent care expense amounts that you could claim if you had filed a separate federal return. If one spouse claimed itemized deductions, the other spouse must also. (3) Be sure to provide your spouse's name and social security number in the spaces included on the return for that information.

Spouse Tax Adjustment: If you are using Filing Status 2 and both you and your spouse have income, you may benefit from the Spouse Tax Adjustment . You will need to have your federal tax return and, if applicable, a completed Virginia Schedule ADJ to prepare the worksheet.

Married couples who file a joint Form 760 may be eligible for an adjustment of up to $259 against their joint income tax liability if each spouse received income during the taxable year. With this adjustment, two-income couples who file a joint return owe no more tax than the combined tax that would be due if separate returns were filed. Joint taxable income must be over $3,000 to benefit from this adjustment.

Virginia's income tax is imposed at graduated rates, starting at 2% and capping at 5.75%. The highest rate applies to income over $17,000. When a married couple chooses to file a joint return (Filing Status 2), they report their income together in the same column on the return. The first $17,000 of their total taxable income is then taxed at the lower rates, with the remainder being subject to tax at the rate of 5.75%. If a couple elects to use the Spouse Tax Adjustment, they calculate their income tax separately using the Spouse Tax Adjustment worksheet. As a result, the first $17,000 of each of their incomes will be taxed at the lower rates. Consequently, using the Spouse Tax Adjustment can result in a tax savings of up to $259.