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Level 7
December 7, 2019
Solved

"Out of State" locality in Virginia return was available last year for a client who lives full time in UK but has stock investments in US.

Perhaps I've done this incorrectly in prior years? This "Out of State" locality is no longer listed in Virginia. I used to file just a federal return for stock transactions. Client used a UK accountant to coordinate UK & US incomes, something I don't know how to do. Advice?

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itonewbie
itonewbieAnswer
Level 15
December 7, 2019

" This "Out of State" locality is no longer listed in Virginia"
VA defines tax residency based on (1) domicile and (2) place of abode maintained in the state for more than 183 days during a taxable year.  Instead of focusing on whether there is an "out of state" locality on the form, have you determined whether your client had indeed broken residency with VA and established domicile (which is different from abode) in the UK or elsewhere?

"I used to file just a federal return for stock transactions"
Is this a US person (e.g. US citizen, national, or green card holder)?  If so, worldwide income should be reportable for US tax purposes although certain certain income may be taxable at a reduced rate by means of various articles in the UK-US DTA.  Investment income is the least of your worries as there are often complications with UK pension plans (which may be subject to foreign trust reporting and PFIC tax regime) and there may be nonqualified deferred compensation (that could have 409A implications).

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5 replies

itonewbie
itonewbieAnswer
Level 15
December 7, 2019

" This "Out of State" locality is no longer listed in Virginia"
VA defines tax residency based on (1) domicile and (2) place of abode maintained in the state for more than 183 days during a taxable year.  Instead of focusing on whether there is an "out of state" locality on the form, have you determined whether your client had indeed broken residency with VA and established domicile (which is different from abode) in the UK or elsewhere?

"I used to file just a federal return for stock transactions"
Is this a US person (e.g. US citizen, national, or green card holder)?  If so, worldwide income should be reportable for US tax purposes although certain certain income may be taxable at a reduced rate by means of various articles in the UK-US DTA.  Investment income is the least of your worries as there are often complications with UK pension plans (which may be subject to foreign trust reporting and PFIC tax regime) and there may be nonqualified deferred compensation (that could have 409A implications).

---------------------------------------------------------------------------------Still an AllStar
sjrcpa
Level 15
December 7, 2019

Why do you even have VA?

The more I know the more I don’t know.
itonewbie
Level 15
December 7, 2019
Establishing domicile overseas and abandoning domicile in VA could be a relatively high bar to overcome.  Would be interested in hearing from @Greta.
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