Possibilities of Class Action vs. State of Virginia

[asksmity]

Hello all!

I have come to ask a question to help understand my options. Here are some details.

Live in Tennessee (no state income tax, high sales tax)
Work in Virginia (state income tax, low sales tax)
Company is located in Missouri, and all W2's and paychecks are labeled Missouri. (nothing shows Virginia, except the information regarding the VA tax withholding)

There is a form (763-S if i am correct) that allows you to get your withholding's back if you live in a state that already has state income taxes.

So because i live in a state that does not have an income tax and i drive 3 miles into a state that does to work, i loose out on over $2000 dollars a year.

I am no legal guru, but i understand some things when it comes to defending your case, and every situation i play though in my mind says that the state of VA is discriminating on TN residents and has very little, if any, defense for this.

Is there a legal way to fight this?
Could it be taken to court?
Could it be developed into class action?

Any help would be greatly appreciated. Thanks!

 

[Proserpina]

Is there a legal way to fight this? Maybe.
Could it be taken to court? Sure. Will it get past the Clerk's desk? Probably not.
Could it be developed into class action? Start calling attorneys.

 

[BaBaBooey]

Hello all!

I have come to ask a question to help understand my options. Here are some details.

Live in Tennessee (no state income tax, high sales tax)
Work in Virginia (state income tax, low sales tax)
Company is located in Missouri, and all W2's and paychecks are labeled Missouri. (nothing shows Virginia, except the information regarding the VA tax withholding)

There is a form (763-S if i am correct) that allows you to get your withholding's back if you live in a state that already has state income taxes.

So because i live in a state that does not have an income tax and i drive 3 miles into a state that does to work, i loose out on over $2000 dollars a year.

I am no legal guru, but i understand some things when it comes to defending your case, and every situation i play though in my mind says that the state of VA is discriminating on TN residents and has very little, if any, defense for this.

Is there a legal way to fight this?
Could it be taken to court?
Could it be developed into class action?

Any help would be greatly appreciated. Thanks!

Don't waste your time.
You are TOTALLY wrong when it comes to the law.
Each state is a sovereign entity.
That means it decides what is legal within its borders.
You chose to work in VA.
Doing so is both a tacit and explicit agreement to be taxed.

If you could get anyone to actually accept the filing, the case would be summarily dismissed.

You do owe the income tax to Virginia.

When you live in a State with an Income tax and work in a different one with one as well, depending upon where you live, one or the other is deductible.

There are plenty of people who live in New Jersey but work in NYC.
They still owe the City Income Tax and NY State Tax.