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Virginia Subtractions From Income

The starting point for computing Virginia taxable income is federal adjusted gross income. Virginia law specifically exempts from income tax certain types of income that may have been reported in federal adjusted gross income. Those items should be subtracted in computing Virginia taxable income. The allowable subtractions are listed below.

Virginia law also provides for a number of deductions in computing Virginia taxable income. Be sure to review those provisions before completing your income tax return.

Virginia National Guard Income

Wages or salaries received by persons whose military rank is 03 (captain) or below for active or inactive service in the Virginia National Guard are eligible for subtraction on the Virginia return. The subtraction is restricted to the amount of income received for up to 39 days of service or $3,000, whichever is less. The subtraction is not allowed for wages or salaries paid by the National Guard of any other state. The subtraction is the amount of wages or salaries for active and inactive service in the National Guard of the Commonwealth of Virginia included in federal adjusted gross income. Report on Schedule ADJ, Line 6, Code 28. Code of Virginia Section 58.1-322 [C] [11]

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Military Pay and Allowances to Active Duty Service in a Combat Zone or a Qualified Hazardous Duty Area

A subtraction can be claimed for all military pay and allowances attributable to service in a combat zone or qualified hazardous duty area designated by order of the President of the United States with the consent of Congress. Virginia's conformity with federal law allows the exclusion of certain military pay associated with duty in combat zones and hazardous duty areas as provided under the Internal Revenue Code. The amount of the Virginia subtraction is the portion of an officer's pay that is not currently excluded from federal adjusted gross income under the Internal Revenue Code provisions. Report on Schedule ADJ, line 6, Code 30. Code of Virginia Section 58.1-322 [C] [21]

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Retirement Plan Income Previously Taxed by Another State

A Virginia subtraction is allowed for individuals who receive distributions from retirement plans. The subtraction can be taken only if the individual was taxed on contributions originally made to the retirement plan in another state that were deductible from federal adjusted gross income during the same period. The subtraction applies to qualifying distributions from a qualified pension, stock bonus or profit-sharing plan as described by IRC Section 401, an individual retirement account or annuity established under IRC Section 408, a deferred compensation plan as defined by IRC Section 457, or a federal government retirement program. Conditions for Qualification:

  • Contributions must have been made to an IRS Qualified Plan;
  • The contributions must have been deductible for federal income tax purposes; and
  • The contributions must have been subject to income tax in another state.

Report on Schedule ADJ, Line 6, Code 31. Code of Virginia Section 58.1-322 [C] [19]

Last Updated 8/27/2012 8:5

 

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