Residency Migration Reference
Moving from American Samoa to Virginia: Residency, Taxes, and What to Prove
The top income tax rate drops from Secondary sources cite individual rates ranging from roughly 4% to 15%; the American Samoa Government Tax Office administers the schedule directly and does not publish an English-language bracket table online, so a filer should confirm the current-year schedule directly with the Tax Office in American Samoa to 5.75% in Virginia. Establishing Virginia residency correctly is what protects that benefit.
Residency Tests Side by Side
American Samoa and Virginia both use a 183-day statutory residency threshold, so the day-count mechanics will feel familiar even though the underlying facts and enforcement differ.
| Factor | American Samoa | Virginia |
|---|---|---|
| Statutory Residency Test | American Samoa uses the same federal IRC section 937 bona fide residency test that applies to all five territories: the presence test, the tax home test, and the closer connection test, all of which must be met for the same tax year. This federal test determines whether someone's American Samoa-source income is exempt from U.S. tax; American Samoa's own independent tax code separately determines what is owed to the territory itself. | Virginia Code §58.1-302 defines 'resident' to include any individual domiciled in Virginia during the taxable year, and separately, any individual not domiciled in Virginia who nonetheless maintains a place of abode in Virginia for more than 183 days in the aggregate during the year. This second category, called an actual resident, is taxed as a Virginia resident on worldwide income regardless of domicile, the same structural approach used by New York and several other statutory-residency states. |
| Domicile Test | Closer connection functions as the domicile test, weighing permanent home, family, personal belongings, social/cultural/religious affiliations (which in American Samoa often includes matai title and extended-family/aiga ties), banking, business activity, and the jurisdiction of a driver's license and voter registration, against the total of U.S. and foreign-country contacts under Treasury Regulation 1.937-1(c). | Virginia uses a multifactor, intent-based test to determine domicile and, importantly, requires both elements together to change it: the taxpayer must abandon Virginia domicile with no intent to return, and must simultaneously establish a new domicile elsewhere through physical presence plus intent to remain. Virginia Tax's published guidance states no single factor is dispositive; a bare declaration of intent or physical relocation alone is not enough, and continuing Virginia ties like a Virginia driver's license or voter registration are treated as evidence domicile was not actually abandoned. |
| Day Count Threshold | 183 days | 183 days |
| Any Part of a Day Rule | Any part of a day physically present in American Samoa counts as a full presence day, and a day spent in both American Samoa and the mainland U.S. counts toward American Samoa. Publication 570 includes an American Samoa-specific example involving a fishing-vessel worker: days spent on a vessel predominantly used in local and international waters do not count as a tax home outside the territory, a rule of particular relevance to American Samoa's tuna-fleet economy. | Virginia's statute measures aggregate days maintaining a place of abode in Virginia, not single calendar-day presence, and does not publish an explicit any-part-of-a-day rule the way New York's regulations do. In practice this makes Virginia's actual-resident test closer to a cumulative day-count test than a strict any-part-of-day trigger. |
| Presumptions | None published | Virginia Tax guidance treats a return to Virginia within six months of leaving as generally indicating no intent to have established residency elsewhere, similar to the boomerang concepts used by Kentucky and other nearby states, though Virginia frames this as evidence within the intent-based domicile test rather than an automatic statutory rule. |
| Safe Harbors | 183-day presence test; 549-day / 3-year test; 90-day U.S. cap; Low U.S.-earned-income test; No significant U.S. connection | None published |
Leaving American Samoa
No widely published American Samoa-specific bona fide residency court case surfaced in research. Exit exposure runs through the same federal IRC section 937 framework used across the territories, but American Samoa's independent tax system and its status as one of the smaller, less economically active territories mean it has not attracted the concentrated IRS compliance-campaign attention that Puerto Rico's Act 60 program has.
Trailing Income
Bona fide residents of American Samoa may not exclude gain from the disposition of certain U.S.-connected property (stock in a U.S. corporation, U.S. real estate, and similar assets) held in the 10 years before becoming a bona fide resident; that gain remains U.S.-source and subject to U.S. tax under the special rules in Publication 570. This 10-year lookback applies the same way to Puerto Rico. For the mirror-code territories (CNMI, Guam, and the USVI), Publication 570 frames the same 10-year-lookback property differently: that gain simply will not qualify for the local tax-reduction or rebate mechanisms those territories otherwise offer bona fide residents on territory-source income.
Part-Year Filing
Form 390 is American Samoa's individual tax return. A bona fide resident generally files an American Samoa return reporting gross income from worldwide sources and files a U.S. return only if required, excluding American Samoa-source income using Form 4563 attached to Form 1040 or 1040-SR. A U.S. citizen who was a bona fide American Samoa resident for at least two years before the move can qualify as a bona fide resident for the part of the tax year before the move, under the same year-of-move framework Publication 570 applies across the territories.
Enforcement Methods
Common Exit Mistakes
Establishing Virginia Residency
| Action | Agency | Deadline |
|---|---|---|
| Obtain a Virginia driver's license | Virginia DMV | within 60 days of establishing residency |
| Register any vehicle kept in Virginia | Virginia DMV | within 30 days |
| Register to vote | Virginia Department of Elections | at least 21 days before an election |
Declaration of Domicile
Virginia has no formal declaration-of-domicile filing comparable to Florida's county recording process. Domicile is established through the two-part intent test: affirmative abandonment of any prior domicile with no intent to return, combined with physical presence in and intent to remain in Virginia, demonstrated through home purchase or lease, DMV registration, and voter registration.
Homestead
Virginia does not have a statewide homestead exemption for domicile purposes. Instead, real estate tax relief for elderly and disabled homeowners is a local-option program under Va. Code §58.1-3210, adopted county by county or city by city with locally set income and asset limits, and administered by the local Commissioner of the Revenue or City Assessor rather than the state. Enrollment in a locality's relief program still functions as domicile evidence since it requires the property be the applicant's primary residence.
Voter Registration
Register online, by mail, or in person at least 21 days before an election. https://vote.elections.virginia.gov
Vehicle Registration Deadline
30 days
New Resident Tax Traps
A new Virginia resident is taxed on worldwide income from the date Virginia domicile begins, reported on the full-year or Form 760PY part-year return. Someone moving from a reciprocal jurisdiction (DC, Kentucky, Maryland, Pennsylvania, West Virginia) needs to update employer withholding once Virginia domicile is established, since the reciprocity exemption that applied as a nonresident commuter no longer applies to a Virginia resident.
What Changes on Tax
American Samoa Top Rate
Secondary sources cite individual rates ranging from roughly 4% to 15%; the American Samoa Government Tax Office administers the schedule directly and does not publish an English-language bracket table online, so a filer should confirm the current-year schedule directly with the Tax Office
Virginia Top Rate
5.75%
Moving from American Samoa to Virginia drops the top marginal income tax rate from about 15% to about 5.75%, a reduction of roughly 9.25 percentage points.
Withholding Reciprocity
American Samoa and Virginia do not have a wage-withholding reciprocity agreement with each other, so this move follows ordinary source-state and resident-state filing rules rather than a reciprocity exception.
Community Property Transition
American Samoa and Virginia both use common law, equitable-distribution marital property rules, so no community property transition applies to this move.
Beyond Income Tax
American Samoa
Capital gains: American Samoa taxes capital gains under its own code, modeled on but not identical to the federal framework; no separate 0%-style preferential regime comparable to Puerto Rico's Act 60 has surfaced in research, and bona fide residents should confirm current treatment directly with the ASG Tax Office.
Estate or inheritance tax: No separate American Samoa territorial estate or inheritance tax was identified in research; because most land is communally held rather than individually owned and cannot pass through ordinary inheritance to non-Samoans, estate planning in American Samoa is governed as much by customary land law (matai/family succession) as by tax law.
Property tax: Effective property tax rates are described by secondary sources as very low, well under 1% of property value annually, but the more important fact for most people is that over 90% of American Samoa's land is communal land held by extended families under the matai (chief) system and generally cannot be purchased outright by non-natives, so 'property tax' is a minor issue for most newcomers compared to the land-access question itself.
Sales tax: American Samoa has no general state-level sales tax comparable to a mainland state; secondary sources describe local excise-style and business taxes rather than a broad retail sales tax, and current details should be confirmed with the ASG Tax Office.
Virginia
Capital gains: Virginia has no separate capital gains rate. Gains are included in federal adjusted gross income and taxed as ordinary income under the same graduated brackets, so long-term gains can face the 5.75% top rate.
Estate or inheritance tax: None. Virginia's estate tax was effectively repealed for deaths on or after July 1, 2007, when the state decoupled from the federal state death tax credit, and Virginia has never had an inheritance tax. Only the federal estate tax can apply to a Virginia decedent's estate.
Property tax: Average effective property tax rate is about 0.8%, below the national average, though Northern Virginia localities run meaningfully higher in dollar terms due to home values. Real estate tax relief for elderly and disabled homeowners is a local-option program under Va. Code §58.1-3210 that each county or city may adopt separately, with income and asset limits set locally rather than by the state.
Sales tax: State sales tax rate is 5.3% (a portion of which is a statewide local tax), with some regions, including Northern Virginia and Hampton Roads, adding regional add-ons that push the combined rate higher.
Who This Move Applies To
Travel Nurses
In American Samoa
American Samoa has essentially no travel-nurse assignment market comparable to the 50 states or even Guam; the territory's single hospital system (LBJ Tropical Medical Center) is not a typical travel-nursing agency placement, so this persona is largely not applicable here. The underlying federal tax-home principles would apply identically if it ever were.
In Virginia
Virginia applies the same actual-resident and domicile tests to travel nurses as to anyone else: a nurse not domiciled in Virginia who maintains a Virginia abode for more than 183 aggregate days during assignments becomes an actual resident taxed on worldwide income. The nationally common problem, a nurse claiming a no-tax-state tax home while actually living in a Virginia rental for most of the year, is analyzed under this same statutory framework rather than a nurse-specific carve-out.
Professional Athletes
In American Samoa
No major U.S. professional sports franchise is based in American Samoa, and there is no jock-tax apportionment regime. American Samoa is, however, well known as an outsized per-capita source of NFL and college football talent; players who grew up there and later earn NFL income are taxed on that income under the ordinary duty-day rules of whatever states and teams they play for, not under any American Samoa-specific regime.
In Virginia
Virginia has historically had no NFL, NBA, MLB, or NHL franchise physically based in the Commonwealth, though the Washington Capitals and Wizards' NBA/NHL practice facility and a planned new arena project have brought professional sports infrastructure into Northern Virginia. Nonresident athletes and entertainers earning income for events performed in Virginia are subject to the state's standard nonresident sourcing rules on Form 763, but there is no widely published Virginia-specific duty-days regulation comparable to New York's.
Snowbirds, Long Visitors, and RVers
In American Samoa
Long-term visitors face the same closer-connection analysis as anywhere else, complicated by the land-tenure system: without the ability to buy communal land outright, a snowbird-style arrangement in American Samoa typically means a long-term lease rather than home ownership, which changes the kind of documentary evidence (lease agreements, utility bills in the resident's name) that would need to substitute for a deed or homestead filing in a residency dispute.
In Virginia
The Virginia snowbird risk runs through the aggregate 183-day actual-resident test: a retiree who keeps a Virginia home and spends more than 183 aggregate days there in a year, even while also wintering in Florida, becomes an actual Virginia resident taxed on worldwide income regardless of where they consider themselves domiciled. Because Virginia measures aggregate days maintaining the abode rather than a stricter any-part-of-day rule, careful counting of total days present, not just overnight stays, matters for anyone trying to stay under the threshold.
Remote Workers
In American Samoa
American Samoa has no convenience-of-the-employer rule, and because it runs a separate tax code rather than a mirror code, a mainland employer's payroll system is even less likely to be set up to handle American Samoa withholding correctly than for Guam or the USVI. A remote worker relocating to American Samoa should expect to actively manage employer withholding and filing status rather than assume standard mainland payroll processes will translate correctly.
In Virginia
Virginia has no published convenience-of-the-employer rule. A nonresident who works remotely for a Virginia-based employer while physically located and domiciled outside Virginia is generally not taxed by Virginia on that income, since Virginia sources wages based on where work is actually performed rather than the employer's location.
Military
In American Samoa
American Samoa follows the federal Servicemembers Civil Relief Act (SCRA) and Military Spouses Residency Relief Act (MSRRA), and Publication 570 specifically addresses active-duty members whose state of legal residence is American Samoa: their military pay is American Samoa-source income and follows the U.S. Government employee wage rules described above regardless of duty station, meaning it is taxable on the U.S. return even though they are American Samoa residents.
In Virginia
Virginia's domiciliary-resident category expressly includes servicemembers who entered the military from Virginia and retained Virginia as their home of record; absence from Virginia on military orders does not by itself cancel Virginia domicile. Under the federal SCRA and Military Spouses Residency Relief Act as amended, a nonresident servicemember stationed in Virginia on orders is not taxed on military pay solely because of the duty station, and a military spouse can generally elect the servicemember's state of legal residence.
Airline Crew
In American Samoa
Pago Pago International Airport has limited scheduled service compared to Guam or the mainland, and American Samoa is not a significant airline crew base; the federal carve-out at 49 U.S.C. section 40116 for air carrier employees would apply the same way it does elsewhere if it became relevant, but this is a marginal persona for American Samoa specifically.
In Virginia
Federal law (49 U.S.C. §40116) limits states to taxing an air carrier employee's compensation only in the state of residence and any state where more than 50% of pay is earned, protecting flight crew connected to Virginia operations, including those based near Washington Dulles, from having their full income pulled into Virginia taxation solely because of duty station if they are domiciled elsewhere.
Tools for This Move
American Samoa to Virginia FAQ
Is American Samoa's tax system the same as Guam's or the US Virgin Islands'?+
No. Guam, the USVI, and the CNMI use a 'mirror code' that applies the U.S. Internal Revenue Code word for word with the territory's name substituted in. American Samoa has its own separate and independent tax system: A.S.C.A. section 11.0403 incorporates much of the Internal Revenue Code by reference, so the law is modeled on federal law, but rates and specific rules are set independently by the American Samoa Government, not automatically updated when Congress changes the federal code.
How many days can I spend in Virginia before I become a resident, even if I'm domiciled somewhere else?+
Under Virginia Code §58.1-302, if you're not domiciled in Virginia but maintain a place of abode there for more than 183 aggregate days during the year, you become an actual resident taxed on worldwide income regardless of domicile. Virginia counts aggregate days maintaining the abode, not a stricter any-part-of-day rule, so total days present across the year is what matters, not just individual short visits.
Can I buy a house in American Samoa the way I would in any other U.S. territory?+
Generally, no. Over 90% of American Samoa's land is communally owned by extended families under the matai (chief) system, and non-natives cannot acquire that land outright; transferring communal land to individual ownership requires Land Commission recommendation and Governor approval, or 30 years of adverse possession. Most non-native residents live under a long-term lease rather than owning a home, which changes what proof-of-residence documentation looks like compared to anywhere else in this guide.
I moved out of Virginia but kept my driver's license. Does that matter?+
Yes, significantly. Virginia's domicile test requires proof you abandoned Virginia domicile with no intent to return and established a new one elsewhere with genuine intent to remain. Virginia Tax's published guidance treats continuing Virginia ties like a Virginia driver's license or voter registration as evidence you have not actually abandoned Virginia domicile, even if you're now physically living somewhere else most of the time.
Do I pay U.S. federal income tax on income I earn in American Samoa?+
If you're a bona fide American Samoa resident under the federal presence, tax home, and closer connection tests, your American Samoa-source income is generally exempt from U.S. federal tax. You do need to report worldwide income on your American Samoa return, and if you have non-American Samoa-source income above the filing threshold, you'll still need to file a U.S. return excluding the American Samoa income using Form 4563.
I keep two homes and go back and forth between Virginia and a no-tax state. How does Virginia decide if I'm a resident?+
Two separate tests can catch you. First, if you're not domiciled in Virginia but maintain a Virginia abode for more than 183 aggregate days in the year, you're an actual resident regardless of domicile. Second, if you are domiciled in Virginia, you remain a domiciliary resident on worldwide income unless you can prove you both abandoned Virginia domicile with no intent to return and established genuine domicile elsewhere, which retained Virginia ties like a driver's license or voter registration can undercut.
I work for the U.S. Government in American Samoa. Is my pay exempt like other residents' income?+
No, and this is a common and costly misunderstanding. Publication 570 specifically requires that wages and cost-of-living allowances paid by the U.S. Government for services performed in American Samoa be included in gross income on both your U.S. and American Samoa income tax returns, regardless of whether you are a bona fide American Samoa resident. A foreign tax credit is available for the American Samoa tax paid on the same income to avoid double taxation, but the U.S. filing obligation itself does not go away.
I moved away from Virginia but had to move back within a few months. Does that hurt my case?+
It can. Virginia Tax's guidance treats a return to the state within about six months of leaving as generally indicating you never actually intended to establish residency elsewhere, which works against a claimed domicile change for the period in between. This mirrors similar boomerang-style rules used by neighboring states like Kentucky, though Virginia frames it as evidence in the intent-based test rather than an automatic statutory trigger.
What if I'm not a U.S. citizen born in American Samoa? Can I still vote?+
People born in American Samoa are U.S. nationals, not automatically U.S. citizens, unless a parent was a U.S. citizen or they separately naturalize. This status allows a U.S. passport and mainland residency rights, but American Samoa residents, whether national or citizen, do not vote in U.S. presidential elections, and the territory's Congressional delegate is non-voting. Local territorial elections are separately administered by the American Samoa Election Office.
What does it cost to defend a Virginia residency audit?+
No published statewide figure exists. Virginia is consistently grouped by practitioners alongside New York, California, New Jersey, Connecticut, and Maryland as one of the more aggressive residency-audit states, particularly for high earners whose income drops sharply the year they claim to have left, which implies defense costs for a contested Virginia case can run comparably high, but no firm has published a specific dollar range.
How many days do I need to be in American Samoa to count as a bona fide resident?+
183 days in the tax year is the cleanest path under the federal presence test, but there are four alternatives, including 549 days across the current and two prior years with at least 60 days each year. Meeting a presence prong alone is not enough; you also need to pass the tax home test and the closer connection test, which for American Samoa often weighs matai title, extended-family (aiga) ties, and lease-based home arrangements rather than conventional homeownership.
Do I have to file a Virginia return for the year I move out?+
Yes. Use Form 760PY, the Virginia Part-Year Resident Income Tax Return, which allocates your income between the period you were a Virginia resident and the period you were not. If you have Virginia-source income after becoming a full-year nonresident in a later year, that's reported on Form 763 instead.
Considering the reverse move?
Virginia to American Samoa
Moving the other direction is a different fact pattern, not a mirror image: exit risk and establishment mechanics both flip.
View the Virginia to American Samoa guideAlso Consider, Leaving American Samoa
American Samoa to Virginia Reading
Reviewed Against 15 Primary Sources
ResidencyIQ organizes public residency research into a reviewable reference. It does not provide legal or tax advice. Consult a qualified professional before making a residency decision.
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