Virginia Form 770: Fiduciary Tax Guide

Form 770 at a glance

Return	Form 770 — Virginia Fiduciary Income Tax Return
Filed with	Virginia Department of Taxation
Who must file	Every resident estate or trust required to file a federal Form 1041; nonresident estates and trusts with Virginia-source income or gain that must file federally.
Due date	May 1 for calendar-year filers — Virginia’s own date, two weeks after the federal deadline. Fiscal-year returns: the 15th day of the 4th month.
Extension	Automatic 6 months, no application — but at least 90% of the final tax must be paid by the original due date to avoid the extension penalty.
Tax rate	Virginia's graduated rates, topping out at 5.75%.
E-filing	Form 770 e-files through the Fed/State MeF program via approved software.

What makes Virginia different

Virginia marches to its own calendar: Form 770 is due May 1, not April 15 — a two-week cushion after the federal 1041 that catches out fiduciaries assuming the dates match.
The automatic 6-month extension carries a 90% payment test: pay less than 90% of the final liability by May 1 and an extension penalty applies on the balance.

The federal return comes first

Form 770 does not replace the federal filing — an estate or trust that meets the federal thresholds ($600 of gross income, any taxable income for a trust, or a nonresident alien beneficiary) files the federal Form 1041 with the IRS and then the Virginia return with Virginia Tax, which generally starts from the federal figures. The practical workflow: finish the federal 1041 and its Schedule K-1s, then carry the numbers into Form 770. Our federal Form 1041 guide covers the thresholds, deadlines, and elections, and the Schedule K-1 guide explains what beneficiaries do with their share.

Start with the federal Form 1041

Prepare and e-file the federal fiduciary return through the IRS MeF system with an electronic acknowledgment — the foundation the Virginia return builds on.

E-File the Federal 1041

Virginia fiduciary tax FAQs

Who must file Virginia Form 770?

Every resident estate or trust required to file a federal Form 1041; nonresident estates and trusts with Virginia-source income or gain that must file federally.

When is Form 770 due?

May 1 for calendar-year filers — Virginia’s own date, two weeks after the federal deadline. Fiscal-year returns: the 15th day of the 4th month. Extension: Automatic 6 months, no application — but at least 90% of the final tax must be paid by the original due date to avoid the extension penalty.

What is the Virginia fiduciary tax rate?

Virginia's graduated rates, topping out at 5.75%. Rates and thresholds change — verify against the current Form 770 instructions from Virginia Department of Taxation before computing.

Do I still file the federal Form 1041 if I file Form 770?

Yes — they are separate obligations. The federal Form 1041 goes to the IRS under the federal $600 gross-income (or any-taxable-income) thresholds, and Form 770 goes to Virginia Tax under Virginia's own rules. Most fiduciaries prepare the federal return first, since the state return typically starts from federal amounts.

Why is my Virginia fiduciary return due May 1 instead of April 15?

Virginia sets its individual and fiduciary due date at May 1 by statute — a state quirk, not an extension. The federal Form 1041 is still due April 15, so the practical workflow is federal first, then Virginia with two extra weeks. Fiscal-year filers use the 15th day of the 4th month instead.

Other state fiduciary guides

Massachusetts Form 2 · Maryland Form 504 · California Form 541 · New York Form IT-205 · Pennsylvania Form PA-41 · Illinois Form IL-1041 · all states

Disclaimer: State filing thresholds, rates, and extension rules change — verify current requirements in the Form 770 instructions published by Virginia Department of Taxation before filing. This page is general information, not tax advice. TaxFilingCenter is an IRS-authorized e-file provider for federal returns and does not provide legal or tax advice.