Virginia Claim for Individual Income Tax Withheld

Claim for Individual Income Tax Withheld
2023 Form 763S, Virginia Special Nonresident Claim For Individual Income Tax Withheld
763-S

	
	

	 First Name

Virginia Special Nonresident Claim
For Individual Income Tax Withheld
MI

2023

Last Name

*VA763S123888*
Suffix

	 Present Home Address (Number and Street, Including Apartment Number or Rural Route)

Your Social Security Number

Spouse’s Social Security Number

	 City, Town or Post Office

State

Amended Claim

I authorize the Department of Taxation to discuss my return with my preparer.

Date of Birth 	

Your Birthday 	
	(MM-DD-YYYY)

-

-

ZIP Code

	
Primary Taxpayer Deceased (Include Federal Form 1310 if
		
applicable)

STEP I - Select Exemption Category
Review categories 1 - 4 below and enter the category number for which you are claiming an exemption.

1	 Commuter State Exemption: I declare that during the taxable year shown above I commuted on a

Enclose copies of your withholding statements.

daily basis from my place of residence to work in Virginia. My only income from sources within Virginia
was from wages and salaries, which are subject to taxation by the state or district checked below. I
did not live in nor was I a domiciliary or legal resident of Virginia at any time.
Check One:	
	 District of Columbia	
	 Kentucky

2	 Domiciliary State Exemption: I declare that during the taxable year shown above I was a domiciliary

or legal resident of the state checked below. My only income from sources within Virginia was from
wages and salaries, which are subject to taxation by the state checked below. I am not an actual
resident of Virginia and I did not maintain a place of abode in Virginia for a total of more than 183 days.
Check One:	
	 Maryland	
	 Pennsylvania	
	 West Virginia

3	 Military Spouse Exemption: Complete the second page of this form first to provide information
regarding your eligibility for this exemption. I declare that, for the entire portion of the taxable year I
lived in Virginia, I was present in the state solely to be with my servicemember spouse who was on
active military duty and in Virginia pursuant to military orders. To be exempt, either (1) you and your
servicemember spouse must have the same non-Virginia domiciliary or legal state of residency or
(2) you must elect to use the same residence for purposes of taxation as that of your servicemember
spouse. If you are claiming this exemption, enter the 2 letter state abbreviation for the domiciliary or
legal state of residency of your servicemember spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4	 Tax Withheld in Error by Employer: I declare that during the taxable year shown above I was not
a domiciliary or legal resident of Virginia at any time. I did not perform any services in Virginia and
the Virginia tax was erroneously withheld from salary and wages paid to me by my employer.
Enter the 2 letter state abbreviation for your domiciliary or legal state of residency . . . . . . . . . . . .

Va. Dept. of Taxation 763S F 2601046 Rev. 06/23

STEP II - Enter amount of Virginia Tax withheld requested to be refunded:
If amended, enter the full refund amount as it should have been reported
on the original return. You must provide copies of your withholding statements.

$

STEP III - Avoid delays: If you are a Resident of a State with an Individual Income Tax, enclose a
complete copy of your State of Residence Income Tax Return and check this box.
If the Direct Deposit section below is not completed, your refund will be issued by check.
DIRECT BANK DEPOSIT
Domestic Accounts Only
No International Deposits

Your Bank Routing Transit Number

Account Number

Checking

Savings

Due by May 1, 2024. Mail to the Department of Taxation, P.O. Box 1498, Richmond, Virginia 23218-1498.
Both spouses must complete a separate Form 763-S when both filers have Virginia income tax withheld.
	

Please
Sign Here

I, the undersigned, do declare under penalties provided by law that this is a true, correct and complete return.
Your Signature

X

Preparer’s Preparer’s Name
Use Only X
Firm’s Name (or Yours if Self-employed) and Address

Date

Your Phone

Date

Preparer’s Phone Number

Preparer’s FEIN/PTIN/SSN

Office Use

Code

Military Spouse Qualification
Complete each question below and provide copies of the requested documentation before claiming Exemption Category
3 on the front of this form. Incomplete responses or missing documentation could cause your refund to be delayed. The
provisions of the Servicemember Civil Relief Act apply only to spouses of military servicemembers and do not
apply to dependents.
I.	 Your spouse is a member of the armed forces present in Virginia in compliance with military orders.
	

1.	 Was your spouse in active military service for the taxable year in question? 	

Yes	No

		
a.	 If your spouse was discharged from full-time military service, what was
			
the date your spouse left the service?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . __________________
	MM/DD/YYYY

b.	 If your spouse was in the military at any time for the taxable year in question, provide his or her duty station(s)
for the taxable year. Additional rows are provided in case your spouse had more than one duty station during
the taxable year.
Location of Duty Station (include country if not USA)

Date Assignment Started
MM/DD/YYYY

Date Assignment Ended
MM/DD/YYYY

	 2.	 Where and when were you and your spouse married? . . . . . . .  State	 _______________ 	 __________________

	MM/DD/YYYY
	

3.	 Enclose a copy of your military ID card. This would be a military identification card issued to spouses
of military personnel. If a military identification card has not been issued, check here.

	 4.	 What is your spouse’s state of domicile or legal state of residency? (Enter here and on Line 3 on
the first page of this return). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . __________________
		

Enclose a copy of one or more of the following documents showing the military servicemember’s domicile or legal
state of residency
(check the appropriate boxes to indicate which documents you are providing).
	

	

Leave & Earning Statement (LES) for the year in question

	

	

Current driver’s license from the military servicemember’s domicile state

	

	

DD Form 2058 (State of Legal Residence Certificate)

	

	Other ________________________________________________________________________________

II.	 You are present in Virginia solely to be with your spouse.
	 5.	 Do you own a business or any income producing property in Virginia? 		
	

Yes	No

a.	 If yes, please describe. ____________________________________________________________________	

III.	 You have the same non-Virginia domiciliary or legal state of residency as that of your servicemember spouse,
or you elect to use the same non-Virginia state of residency as that of your servicemember spouse.
	 6.	 Did you file a state income tax return for the year in question with the state reported
		
under question 4 above? 		
		

If you answered yes, enclose a copy of your state income tax return for the year in question.

		

If your state of residency for tax purposes does not have an income tax, check here.

Yes	

No

Note: A copy of documents requested above will assist the Department in speeding up the issuance of the refund.