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State-by-State SCRA Benefits

Virginia SCRA Benefits: Guard Coverage, Contract Exits, Car Tax

Photo of Mario Bailey By Mario Bailey Published May 1, 2026 Cited to the U.S. Code & primary sources

Part of: The Complete Guide to the SCRA

No state lives with the military like Virginia. The Pentagon, Norfolk (the largest naval station on Earth), Quantico, Belvoir, Langley-Eustis, and hundreds of thousands of service members and families in between. Virginia’s stack has three parts: Guard coverage on state orders, a contract-exit right that includes your family, and the car-tax exemption that NoVA and Hampton Roads families forget to claim.

What Virginia adds to the federal floor

ProtectionFederal SCRAVirginia
Guard on Title 32 / state orders (30+ days)Partial / Federal protections extended (§ 44-102.1)
Service-contract termination on PCS / 3+ month TDYPhone, internet, cable/satellite TV, gym, home security (§ 3956) Broader consumer-service right that covers spouse & dependents
Annual vehicle property taxN/A federally Exempt for nonresident members & qualifying spouses
Health coverage continuation on state-emergency dutyn/a § 44-102.1:1
Military Family Relief Fund (hardship grants)n/a § 44-102.2

Guard coverage: 30 days is the line

Virginia extends the federal SCRA’s protections to its National Guard when orders run 30 or more consecutive days, whether Title 32 or state active duty. That covers the activations that dominate Guard life in the Commonwealth: extended emergency responses, federally funded state missions, long training sets. On those orders, run the standard playbook (rate-cap letters, activation audit) citing § 44-102.1 alongside the federal statute.

The contract exit your family shares

Federal law already reaches a lot here: leases under § 3955, and under § 3956 the servicemember’s own phone, internet, cable or satellite TV, gym or fitness, and home security contracts. What § 3956 does not touch is a contract in someone else’s name. Virginia adds that broader right. Members with PCS orders or TDY over three months may terminate qualifying consumer service contracts without penalty, and the statute explicitly extends the right to the spouse and dependents. On a Virginia PCS, that turns the contract sweep into a family-wide event. The gym membership in your spouse’s name, the one the federal statute leaves out because it is not the member’s own, comes off with everything else.

The car tax: Virginia’s four-figure footnote

We wrote a full guide to the military car-tax exemption because Virginia makes it worth one. Localities tax vehicles every year at rates that turn a $40,000 truck into a four-figure annual bill. Nonresident members on orders, and qualifying spouses, are exempt under the SCRA’s § 4001. You claim it by filing a current LES with the county Commissioner of the Revenue. Three-year tour, two cars, never claimed: a $3,000–$7,000 mistake. And since Virginia does have an income tax, nonresidents should pair the exemption with the tax-state election so military pay stays with their domicile state.

The Virginia sequence

  1. Arriving on orders as a nonresident: file your LES with the county for the car-tax exemption, both vehicles, spouse-titled included. Re-file annually if your locality requires it.
  2. Confirm your tax election paperwork so Virginia is not withholding on military pay it cannot tax.
  3. VA Guard on 30+ day Title 32 or state orders: invoke § 44-102.1 with your orders. The federal toolkit applies to you by state law.
  4. PCS or 3+ month TDY out: sweep the contracts. § 3955 for the lease, § 3956 for your own phone, internet, cable or satellite TV, gym, and home security, and Virginia’s contract right for the rest, including contracts in your spouse’s or dependents’ names.
  5. Hardship during or after qualifying duty: the Virginia Military Family Relief Fund (§ 44-102.2) makes grants. Ask the family-programs office before taking on new debt.
The law behind this: Va. Code § 44-102.1

Rights, benefits and protections upon call to active duty; contract termination: read the statute.

Frequently asked questions

When is a Virginia Guard member covered by SCRA-style protections?

Under Va. Code § 44-102.1, Virginia National Guard members receive the protections of the federal SCRA when called to active duty under Title 32 or to state active duty by the Governor for 30 or more consecutive days. Shorter state call-ups do not qualify. A 30+ day activation does.

What contracts can I terminate under the Virginia statute?

Virginia gives members who receive PCS orders or temporary duty orders exceeding three months the right to terminate certain consumer service contracts without penalty, and extends the right to the member's spouse and dependents. Pair it with the federal § 3956 cancellations (phone, internet, cable or satellite TV, gym or fitness, and home security) and the § 3955 lease exit, and a Virginia PCS can be a fully penalty-free contract sweep.

How big is the Virginia car tax exemption really?

Virginia localities tax vehicles every year, commonly around 4% of assessed value before relief. A two-car military household routinely faces $1,000–$2,500 a year. Nonresident service members (and qualifying spouses) on orders in Virginia are exempt under 50 U.S.C. § 4001. Filing one LES with the county makes the bill go away.

Does Virginia tax military income?

Virginia has an income tax, but the SCRA election means a nonresident member stationed there pays Virginia nothing on military pay. Your elected state taxes it instead. Virginia has also been phasing in subtractions for military retirement income, which matters at the other end of the career.

Sources

Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.

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