What Form Should I File?

"What Form Should I File?" is an interactive tool to help you determine which Virginia tax form(s) you should file depending on your individual circumstance. Please note you may be required to attach additional schedules to your return. Refer to the instructions for more information.

Begin using the "What Form Should I File?" tool.

Most Frequently Asked Questions for First-Time Filers

Who is required to file?

I just moved to Virginia this year. Do I have to file? If so, which form(s)?

For information regarding the thresholds for filing in Virginia, refer to Who Must File on this website. The "What Form Should I File?" tool is helpful in determining which form(s) you may need to file as a Virginia resident.

I am under the filing threshold but had Virginia tax withheld that I would like to have refunded. Am I still required to file?

Yes, to receive a refund you must file a return. For information on which form(s) to file please refer to "What Form Should I File?"

I am an active duty Military member who is currently stationed in Virginia. Am I required to file?

Virginia taxes the taxable pay of military service personnel with a Virginia Home of Record. If you are a legal resident of another state who is currently stationed in Virginia, your military income is not taxable in Virginia. However, if you have non-military income from Virginia sources, such as an off-base job, you may be required to file a Virginia return.

I am a military spouse. Am I required to file? 

If you were married to an active duty service member who was in Virginia pursuant to military orders and you were in Virginia solely to be with your spouse, you may be eligible for a Military Spouse Exemption in Virginia pursuant to the Military Spouse Residency Relief Act.

When to File

When is my return due?

The due date for filing Individual Income Tax returns in Virginia is May 1. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. Returns must be postmarked by the U. S. Postal Service or registered with a recognized commercial common carrier on or prior to the due date.

There are several exceptions to the May 1 due date, including military service personnel serving overseas, and taxpayers who are overseas on the due date. For more information regarding certain exceptions to the May 1 due date, please see When to File.

Can I apply for an extension?

Virginia provides an automatic six-month extension to file for all taxpayers. For calendar-year filers, the filing date is automatically extended to November 1. An extension of time to file does not extend the amount of time you have to make your payment.

To avoid penalty for late payment, you must pay at least 90 percent of your tax liability by the original due date. Taxpayers who expect to owe taxes and wish to take advantage of the automatic extension should submit an Extension Payment Form 760IP prior to the original due date.

Will I be penalized if I am due a refund, but my return is filed late?

No, there is no penalty assessed if you are due a refund, even if you file your return after the due date. However, you must file a return within three years of the original due date in order to claim your refund.

Can I set up a payment plan for the amount of tax I owe?

Payment arrangements cannot be established until after the due date has passed, the return has been processed, and a bill has been issued for any unpaid tax. Partial payments can be submitted until a bill is issued.

Assistance with filing

Why do I have to file a return if I am due only a small refund?

Virginia law requires that you file an individual income tax return if your Virginia adjusted gross income is over the minimum filing threshold. Unless you file a return, we have no way of knowing whether or not you owe tax, which could result in our sending you a nonfiler notice.

Where can I go for assistance in completing my return?

Several organizations offer free help preparing your return. Learn more.

Where can I obtain Virginia tax forms?

Electronic filing is the fastest, most efficient method for filing your Virginia forms. For paperless filing, please refer to File Your Return Online. For blank forms and instructions, please visit Forms and Instructions.

What documentation do I need to prepare my Form 760?

Generally, you will need a copy of your completed federal income tax return (Form 1040, 1040A, or 1040EZ), any supporting federal schedules (A, C, D, E, F), your W-2 wage forms and 1099 income forms showing Virginia tax withheld, Virginia Schedule ADJ, and Virginia Schedule CR. If you are claiming a credit for taxes paid to another state, you will need a copy of that state's completed tax return.

Refunds

What options do I have for receiving my refund?

Refunds can be either deposited directly into your bank account, or issued as a check.

How can I check on the status of my refund?

On this website, you may check the status of your refund at VATAX Online Services. Or you may use our Tele-Tax service to check the status of your current tax refund by dialing 804.367.2486.

If you filed your return electronically, your refund should be processed in about two weeks. If you filed a paper return, it could take up to eight weeks to process. When you contact us be sure to have a copy of your tax return available since you will need to know the first social security number that appears on the return and the amount of the expected refund.

I received my refund but it was less than I originally calculated. Why?

There are several reasons your refund may be less than you calculated. The most common reasons are:

  • Your return was adjusted due to a miscalculation or mathematical error.
  • Your refund was offset to an outstanding claim with another agency.