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Form 8109-B Virginia Fairfax: What You Should Know

Form 8109b (Form 8889) is required by the Internal Revenue Service for filing individual income tax returns on behalf of a Virginia-incorporated corporation or a foreign corporation. This form is also required to be filed by individuals for reporting foreign income that is taxable to the entity that is registered with the Virginia Department of Taxation. For information about filing tax returns on behalf of a non-Virginia corporation, please refer to the information in the following question: How would you like to file a corporation's tax return? Virginia tax law specifically addresses the tax-exempt status of “self-employed” individuals who are active for a continuous period of 18 months. These individuals are not required to file any additional income tax returns with the State of Virginia. The Virginia “self-employed” exemption is the largest of all US state exemptions. The number of individuals exempts is defined as the difference between the individual's gross compensation and net income, or the annual number of gross compensation times the annual number of net income. How does the “self-employed” exemption impact individual filing? There are two main categories of self-employed individuals who are required to file a Virginia tax return:      If the individual is a Virginia resident and the individual's gross income is less than 300 for the taxable year the individual would then be considered a “Virginia resident employer.” If the individual's gross income is more than 300 for each taxable year, he or she would be considered to be a “Virginia resident employee” (USE).  In addition, if an individual files a single return and the total gross income exceeds 300, and the individual's gross earnings (excluding self-employment income of 300 or less) is less than 300, he or she is a “retired Virginia resident” and a Schedule C or D filing is expected. As a result, the number of individuals and their filing requirements and requirements are: Individuals: Virginia residents Retired Virginia residents: Income must equal or at least 300 or gross income must not exceed 300. (See the above FAQ for more information.) For a complete discussion of the “Virginia self-employed exemption,” please refer to Table 4-3 (PDF).

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