my wifes employer is in virginia and she is on work visa and she works for afirm in newyork.?

my wife works on H1b visa (WORK) and her employer is based in virginia and she works for a firm in newyork thru her sponsor and she pays virginia state tax.I am married to her and how can I file VA state taxes and do i need to add my income also into it. I work in florida and my wife is in florida and she does her work thru remote acces via computer? what all ways can I file VA taxes??

Public Comments

1. If your income isn't earned in Virginia and you don't live in Virginia, then you don't need to file state income taxes in Virginia. I don't recommend that you pay taxes that you don't have to pay. If you do need to file taxes in Virginia, then hit their state website and pull up the state income tax form. Also check to see if your wife is in fact required to pay taxes in Virginia. I realize that her employer is there and they probably have to withhold for state income tax. But since she actually lives in Florida where there is not a state income tax, then she may be able to get those withholdings back. I'm not sure of the reciprocity agreement with Virginia and Florida, it is possible since she is earning the money in Virginia that they are allowed to tax it since Florida doesn't tax it. you will have to contact Virginia to double check this. To answer your question about you: She will file as married with Virginia. YOU DO NOT add your name or income to her form if you have not earned any money in Virginia.
2. Since your wife is not working in VA, it she should not be taxed in VA. It seems to me that the payroll department has probably coded her work state incorrectly. 1st thing, have your wife contact her payroll or HR to find this out, they should NOT be reporting wages or withholding tax for VA if she lives and works in FL. More than likely, your wife will need to file a VA return in order to get a refund of VA taxes paid. I would also ask the payroll department if they can issue a W2C (correction) which will automatically notify VA that the wages were reported in error.