Posted by John_NorCal on 3/28/05 9:50pm
Msg #28131

Virginia Residencey - Off topic

Just a little off topic, but with the abundance of information on this forum, maybe someone has an answer for me.
What constitutes Virginia residency? Does a member of the military stationed in Virginia become a resident by virtue of obtaining a Virginia drivers license or by purchasing a home for use during their term of service in Virginia?
I appreciate your help all you Virginians!

Reply by Ronald Philbrick on 3/29/05 7:36am
Msg #28163

Disclaimer: I am not a lawyer and this is my opinion. If you file a VA state tax return you are a Va Resident.

Reply by PAW_Fl on 3/29/05 8:03am
Msg #28169

I was stationed at Norfolk Naval Station for years and never became a VA resident. As I understand it, military personnel can obtain a VA driver's license, own a home and register a vehicle in VA without becoming a VA resident. The "home of record" determines residency for military personnel, even if "moonlighting" in VA and paying VA taxes. Military personnel and their dependents may choose to switch their state of residency to VA, but are not required to do so and are not considered residents even if all other requirements are met.

The major factor for residency requirement is that Virginia requires the resident to be domiciled in the state. To establish "domicile", a person must live in a particular locality with the ***intent to remain there for an unlimited time***.

Reply by Stephen_VA on 3/29/05 8:09am
Msg #28171

If this is in relation to obtaining a notary commission in VA then you work here, so you *should* be able to get one.

Reply by PAW_Fl on 3/29/05 8:16am
Msg #28174

If you "work" here but are not a resident, is the use of the commission limited to your "work" relationship? That is, the application of notarial functions is based on employment requirements, not necessarily for general "for hire" notary work.

As an aside, military officers, by virtue of their rank and position, are allowed to perform limited notarial functions in just about every state. (Check your local statutes.)

Reply by Stephen_VA on 3/29/05 8:44am
Msg #28181

Well... they may become a notary if they are regularly employed and perform notarial services in their work. Specifically "A nonresident.. only if he is regularly employed in this Commonwealth... if such appointment will be necessary or useful to him in such employment." And apparently only males can be notaries in Virginia.

However: "A member of the armed services of the United States shall be eligible for appointment and commission as a notary notwithstanding the provisions of Section 2.2-2800" I am pretty sure that section is the actual Code that relates to the governors abilities to appoint and who can be appointed.

Reply by Cheryl_NV on 3/29/05 8:41am
Msg #28179

Exactly

Reply by Cheryl_NV on 3/29/05 8:38am
Msg #28178

A person in the militay can use the state they are stationed in as their state of residence or the state they started and will finish is as their state of residence. Filing a tax return does not make you a resident. Some people file tax returns in more than one state, they cannot be a resident in each state.

Reply by John_NorCal on 3/29/05 10:31am
Msg #28193

Re: Virginia Residencey - Thanks to all

Thank you all for your responses! This was not in relation to a notary question, my son is stationed at Langley AFB and will be for probably another 4 years. He hopes to purchase a house while he's there, that's why I posed the question. I don't want him to lose his Calif residency since I file him as a non-resident and his military pay is excluded from state taxes. I was concerned that VA might consider him a resident and subject to state income taxes while he's there.
Thanks again to everyone