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Who must file. The fiduciary of a resident estate or trust must file a return if the estate or trust is required to file a federal fiduciary income tax return (Form 1041), or if it had any Virginia taxable income.
S Corporations, Partnerships, and Limited Liability Companies. Every pass-through entity (PTE) that does business in Virginia or receives income from Virginia sources must file an annual Virginia income tax return on Form 502 or Form 502PTET.
The PTE is required to withhold 5% of the share of taxable income from Virginia sources that is allocable to each nonresident owner. The amount of withholding tax may be reduced by any tax credits that were earned by the PTE and allowable by the Code of Virginia that pass through to nonresident owners.
In general, an employer who pays wages to one or more employees in Virginia is required to deduct and withhold state income tax from those wages. Since Virginia law substantially conforms to federal law, if federal law requires an employer to withhold tax from any payment, we also require Virginia withholding.
Federal law generally exempts interest on state and local government bonds and securities from income tax. Since Virginia law exempts only income from Virginia state and local obligations, an addition is required to bring interest income from obligations of other states into Virginia taxable income.
REQUIRED ATTACHMENTS TO FORM 760 Forms W-2, 1099 & VK-1 showing Virginia withholding. Schedule ADJ. Schedule VAC. Schedule OSC. Schedule CR. Form 760C or Form 760F. Virginia Credit Schedules. Other Virginia Statements or Schedules.
The Form 502 should (1) report nonresident withholding only for income attributable to ineligible owners who are also nonresident owners subject to the withholding requirements (e.g., the nonresident corporate owners of the PTE) and (2) attach Schedules VK-1 to Form 502 only for such ineligible owners.
Form 765 is an optional ?unified return? (henceforth referred to as a composite return) that is filed by the PTE on behalf of its qualified nonresident owners. All of the Virginia source income from the PTE that is passed through to the qualified nonresident owners who participate is reported on a single return.