State residency rules

West Virginia residency rules for taxes

West Virginia taxes residents on all income. You can be a resident by domicile, or by keeping a home in the state and spending enough days there.

Last reviewed July 2026

West Virginia at a glance

State income tax
Yes
Residency tests
Domicile, or statutory residency
Day threshold
More than 183 days
Second condition
Permanent place of abode
How a day counts
Any part of a day counts as a full day
Taxed on
All income if a resident

You are a West Virginia resident if you are domiciled in West Virginia, or if you maintain a permanent place of abode in the state and spend more than 183 days there. A West Virginia domiciliary with no in-state home, a home elsewhere, and 30 or fewer West Virginia days is treated as a nonresident.

The statutory residency test

West Virginia treats a non-domiciliary as a resident when two things are true in the same year: you maintain a permanent place of abode in the state, and you spend more than 183 days there. Meet both and West Virginia taxes you as a resident even if your true home is elsewhere. A West Virginia domiciliary with no in-state home, a home elsewhere, and 30 or fewer West Virginia days is treated as a nonresident.

How days are counted

West Virginia generally counts any part of a day in the state as a full day. Days add up across every trip during the year, not just one stay.

In an audit the burden is on you to prove the days you were outside the state. A contemporaneous day-by-day log, backed by phone, card, and travel records, is the strongest defense.

Know your days before they cost you.

DayStayed counts your days in West Virginia automatically and warns you before you cross the line.

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Questions

West Virginia residency FAQ

What triggers West Virginia statutory residency?

Maintaining a permanent place of abode in West Virginia and spending more than 183 days in the state during the year, even if you are domiciled elsewhere.

How does West Virginia count a day?

West Virginia generally counts any part of a day in the state as a full day.

What income does West Virginia tax for residents?

Residents are taxed on all income for the year.

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