Nonresidents

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 and your spouse may file a joint return if: (1) you filed a joint federal return; or (2) neither of you was required to file a federal income tax return; and (3) both spouses had income from Virginia sources. If only one spouse had income from Virginia sources, a separate return must be filed under Status 4. If one spouse had Virginia source income and the other spouse had no income from any sources, use Filing Status 3.

Filing Status 3 - Married, Spouse Has No Income from Any Sources: Use this filing status if: (1) you filed a joint federal return; or (2) neither spouse was required to file a federal income tax return; or (3) one spouse filed a separate federal return and the other spouse had no gross income and could not be claimed as a dependent of another taxpayer. If item (3) applies, the Virginia standard deduction is limited to $3,000.

Filing Status 4 - Married, Filing a Separate Return: A separate Virginia return MUST be filed if: (1) both husband and wife are nonresidents and have income from Virginia sources, but do not choose to file a joint return under Status 2; or (2) both husband and wife are nonresidents and both had income, but only one had income from Virginia sources; or (3) only one spouse is a nonresident and the couple cannot elect to file a joint resident return.

When using Filing Status 4, 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.