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Form 1125-A Virginia Fairfax: What You Should Know

C.) (A) Except as provided in section 763-101 (B), a tax return shall be filed by or on behalf of a resident individual who is resident within the Commonwealth of Virginia for the tax year in question. See s. 763-104. (2) To file a tax return, the applicant for the return must: (i) Be a resident of the Commonwealth; and (ii) File an individual income tax return on a copy of a valid Virginia certified or self-certified tax forms from the United States Department of the Treasury, Tax Division, or from the Virginia Department of Internal Revenue and the Virginia Department of Taxation. If the tax returns for both counties are filed jointly, the resident filer and the nonresident filer may each file a separate tax return. (3) When a Virginia tax return may be filed by a nonresident resident of Virginia, the return shall be completed and filed by a person who is qualified under this section. Qualified person means a person who on the last day of the tax year is either: A. A resident of any other state with which the Commonwealth has entered into a tax communication agreement; or B. A natural person who is not related to a person described in subparagraph (i), (ii), or (iii) of paragraph (i). A qualified person means a person who on the last day of the tax year is either: (i) A resident of the Commonwealth; or (ii) An individual who, in the calendar year immediately preceding the calendar year in which the individual is the taxpayer, does not have a fixed place of residence in the Commonwealth and whose principal place of residence is in a legal state of residence of a state other than Virginia. (4) A person may be a person described in subparagraphs (d)(vi) and (g)(iii) of paragraph (a)(4) of this section if he or she is not a Virginia resident and the person is a resident of a foreign jurisdiction. (5) A person is qualified to be considered a qualified person under this section, regardless of whether the person is considered to be an individual under s. 711.06 (2) or (7), if the person meets all the requirements in this section.

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