Frequently Asked Questions
Who is eligible for the Virgin Islands Resident Income Exclusion?
Must be a bona fide resident of the USVI for the entire taxable year and satisfy all local filing and payment obligations.
How does the Virgin Islands Resident Income Exclusion work?
Bona fide residents of the U.S. Virgin Islands who fully report and pay tax to the VI on all-source income can exclude that income from U.S. federal gross income.
What law authorizes the Virgin Islands Resident Income Exclusion?
The Virgin Islands Resident Income Exclusion is authorized under IRC §932 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §932
Source: Internal Revenue Code, Title 26, United States Code
§ 932. Coordination of United States and Virgin Islands income taxes(a) Treatment of United States residents(1) Application of subsectionThis subsection shall apply to an individual for the taxable year if—(A) such individual—(i) is a citizen or resident of the United States (other than a bona fide resident of the Virgin Islands during the entire taxable year), and
(ii) has income derived from sources within the Virgin Islands, or effectively connected with the conduct of a trade or business within such possession, for the taxable year, or
(B) such individual files a joint return for the taxable year with an individual described in subparagraph (A).
(2) Filing requirementEach individual to whom this subsection applies for the taxable year shall file his income tax return for the taxable year with both the United States and the Virgin Islands.
(3) Extent of income tax liabilityIn the case of an individual to whom this subsection applies in a taxable year for purposes of so much of this title (other than this section and section 7654) as relates to the taxes imposed by this chapter, the United States shall be treated as including the Virgin Islands.
(b) Portion of United States tax liability payable to the Virgin Islands(1) In generalEach individual to whom subsection (a) applies for the taxable year shall pay the applicable percentage of the taxes imposed by this chapter for such taxable year (determined without regard to paragraph (3)) to the Virgin Islands.
(2) Applicable percentage(A) In generalFor purposes of paragraph (1), the term “applicable percentage” means the percentage which Virgin Islands adjusted gross income bears to adjusted gross income.
(B) Virgin Islands adjusted gross incomeFor purposes of subparagraph (A), the term “Virgin Islands adjusted gross income” means adjusted gross income determined by taking into account only income derived from sources within the Virgin Islands and deductions properly apportioned or allocable thereto.
(3) Amounts paid allowed as creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the taxes required to be paid to the Virgin Islands under paragraph (1) which are so paid.
(c) Treatment of Virgin Islands residents(1) Application of subsectionThis subsection shall apply to an individual for the taxable year if—(A) such individual is a bona fide resident of the Virgin Islands during the entire taxable year, or
(B) such individual files a joint return for the taxable year with an individual described in subparagraph (A).
(2) Filing requirementEach individual to whom this subsection applies for the taxable year shall file an income tax return for the taxable year with the Virgin Islands.
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