Does Virginia modify federal AGI for foreign income or not?

Technical topics regarding tax preparation.
#1
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I do not understand logic in this Virginia letter ruling (https://www.tax.virginia.gov/laws-rules ... ner/17-210). It says:
Virginia Code § 58.1-322 does not provide modifications for foreign source income; therefore, the income attributed to Country A would properly be subject to tax by Virginia.

If Virginia does not modify the federal AGI for foreign source income, and if foreign income has been excluded from federal AGI, then it would not be subject to tax by Virginia. Does the letter ruling address the situation that the foreign income is not excluded from federal income (for example, government employee cannot exclude foreign income), and the same income cannot be excluded from Virginia?
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#2
fish  
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I think i would read that ruling with a focus on the statement that
The information provided to the Department does not clearly specify whether the income was excluded from FAGI under IRC § 911.


which was immediately preceded by the statement
IRC § 911 allows qualified individuals to exclude a portion of their income attributable to their presence in a foreign country. Generally, this exclusion does not apply to individuals who are paid by the United States, including members of the armed forces, embassies, and federal employees loaned to foreign governments, even if the foreign government reimburses the United States for his salary.


Reading between the lines i would guess that Virginia doesn't know whether the taxpayer was or was not claiming a foreign earned income exclusion under Section 911 but was then trying to claim that he wasn't subject to tax in Virginia because he was taxed in the foreign country. Virginia rejected that because there is no provision under the Virginia Code for a subtraction for foreign income.

He conceded that he was a resident and therefore subject to tax by Virginia. The conclusion to the ruling states that
Because the Taxpayer was a resident of Virginia for the 2013 taxable year, he was required to file a Virginia individual income tax return. The assessment, however, is based on information made available to the Department. The Taxpayer may have additional information that more accurately reflects his Virginia taxable income. As such, the Taxpayer should file a Virginia income tax return for the 2013 taxable year.


which, i assume, was inviting the taxpayer to submit a return that showed whether or not he was eligible to claim the foreign earned income exclusion.
 

#3
Preppie  
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There are no Virginia additions coded for FEIE. How would it get added to Virginia AGI on the 760?
 

#4
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fish wrote:... i assume, was inviting the taxpayer to submit a return that showed whether or not he was eligible to claim the foreign earned income exclusion.

fish, thank you for your thorough reading and explanation. I think I got it. Simply put, Virginia is saying that if you have foreign income excluded from federal AGI when it is allowed, then we will leave it alone (i.e. not adding it back). However if you leave the foreign income in federal AGI (for example, you cannot deduct it as a government employee), then you cannot claim the deduction for foreign income on VA return. Is this right?
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#5
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Preppie wrote:There are no Virginia additions coded for FEIE. How would it get added to Virginia AGI on the 760?

I think VA is not saying to add the foreign earned income exclusion back to VA AGI when it is excluded from federal AGI, but not to allow the foreign earned income to be excluded from Virginia AGI when it cannot be excluded from federal AGI (for example, government employee, conditions not met, etc).
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#6
sjrcpa  
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FYI- Years ago VA did not tax foreign source income of individuals. You subtracted it on the VA tax return. Keep that in mind when looking at old rulings.
 

#7
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sjrcpa wrote:FYI- Years ago VA did not tax foreign source income of individuals. You subtracted it on the VA tax return. Keep that in mind when looking at old rulings.

Yes, the ruling itself mentioned. this:
At one time, Virginia Code § 58.1-322 did provide a subtraction from FAGI for certain foreign source income. However, the General Assembly specifically repealed the subtraction effective for taxable years beginning on and after January 1, 2003. Because the foreign wages were included in the Taxpayer's FAGI and Virginia statutes do not permit a subtraction for such income, the Department was correct in including the income in its computation of Virginia income tax. Virginia's policy has been consistently articulated in P.D. 03-54 (5/3/2003), P.D. 07-1 (2/22/2007), P.D. 08­-103 (6/18/2008), P.D. 09-50 (4/27/2009), and P.D. 15-52 (4/3/2015).
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