Need to file state taxes when you live and work in different states?
Most people in the U.S. live and work in the same state, which makes state taxes pretty easy to understand – you pay taxes to the state where you live and work.
But what if you live in one state and work in another? Do you pay taxes to the state where you live? Where you earn an income? Both?!
You need to pay taxes to both. Most likely you will end up having to file a resident return in the state where you live and a nonresident return in the state where you work.
Resident return
Generally you need to file a resident return in the state where you are a permanent resident. This state has the right to tax ALL of your income, wherever it was earned.
Nonresident return
After you file your resident return in your home state, you then need to go about filing a nonresident return in every other state where you earned money. A nonresident return only taxes you on the money you earned in that state. What often happens is that you withhold some income for each state tax.
Let’s take a real-world example.
Let’s say you live in New Jersey and commute to your NYC job Monday through Friday. Come tax time, you would need to file a resident return in NJ (reporting all of your income) and a nonresident return in NY (reporting only the income you earned in NY).
Worried about being double-taxed? Don’t be. You will have an opportunity to claim a credit for taxes paid to the nonresident state. They will then divide whatever has been withheld between them and the state whose tax liability was not exactly met will either give you a refund or a tax bill.
States without an income tax
There’s always an exception to the rule. In this case, there are seven exceptions. The five states with no income tax and the two states that only tax interest and dividends are the exclusions:
- Alaska
- Florida
- Nevada
- South Dakota
- Texas
- Washington
- Wyoming
- Tennessee
- New Hampshire
If you live in one of these states, you don’t need to file a resident return (unless you live in TN or NH and have interest and dividends income). But if you work in a state that does have an income tax you have to file a nonresident return in that state.
The same holds true when the situation is reversed. If you live in a state with an income tax, you must file a resident return there. But if you work in a state without an income tax, you don’t have to worry about filing a nonresident return.
Sound complicated? There’s a reason for that: it is. But let’s not stress because here’s all you really need to know. For this to work, every state needs to make agreements with every other state covering the income they could both theoretically tax. These agreements are structured to generate a minimum amount of paperwork and special cases: instead of having some workers who lives in a state but doesn’t pay taxes, the states have someone who lives in the state and pays taxes like everyone else — but gets a special tax credit at the end of the year.
In a situation like this, it’s often best to talk to your payroll department about how to proceed. In places with many out-of-state commuters (like New York, New Jersey, and Connecticut, as well as cities near state borders), they will have the details on how each state treats out-of-state income.
Even if you have to file multiple state tax returns you can take care of them right here on RapidTax.
Hi there,
I live in Texas. My job has me working in Minnesota for the last 4 months. I currently get Minnesota state taxes taken out of my check. Since I live in a state that does not have a state tax am I going to get all the money I paid into Minnesota?
Hi Lance,
Each state has slightly different rules when it comes to travelling for business. For Minnesota, an employee is liable for state tax once they have arrived in the state for business purposes. Based on the tax situation you described above, you are liable for Minnesota state tax for the duration that you in the state and earning an income. Once you return back to Texas, you will no longer be liable.
I am living in Oregon but working remotely for a company based in Tennessee. Will I pay Oregon and Tennessee taxes, or just one or the other?
Hi Conrad,
You are typically only responsible for income taxes in the state where you physically earn an income and the state where you reside. In your case, you will only be responsible for taxes in Oregon. You are not responsible for Tennessee state income taxes just because your company is based there. If Tennessee taxes are being withheld from your paychecks, speak with your pay roll department and file a non-resident state tax return for Tennessee come time to file taxes.
That being said, if you travel to Tennessee for business, you may be subject to income taxes being withheld for the amount of time that you are there and earning an income.
Hi, I am working a contract position in CA for 6 months. I am a permanent resident of AZ. I will be on-site in CA for 6 weeks, then will work 2 weeks off-site (from AZ) then back 2 weeks on-site in CA for the remaining time. I currently only have Fed and CA State taxes withheld on my W-2 income. What taxes will I need to file and in which states? Should I also have AZ state taxes withheld? If I need to file in both states, is either state’s filing pro-rated for the physical time living and working in that state?
Hi Larry,
Although the rules for non-resident withholding differ depending on the state, I am a bit surprised that you don’t already have withholding from Arizona taken out of your paychecks being that you are a resident of that state. Based on the situation you have explained above, you will be liable for taxes in both Arizona and California. According to the California government website, “Nonresident payees are subject to withholding on California source income regardless of where they live, enter into a contract, or receive payment”.
Unfortunately, these states do not have a reciprocal agreement instated so there is no direct credit issued to you.
Hi,
I work in Michigan and live in Indiana. How will the taxes withheld from my check look. With I have to pay a lot more in taxes?
Hi Micah,
When it comes to living and working in two different states, taxpayers are most concerned with being liable to pay taxes to two states instead of the norm; one. Fortunately for you, many neighboring states tend to have reciprocal agreements in place that allow for the taxpayer to be liable for only one state. Michigan and Indiana are among these. According to the agreement, if you work in Michigan and are a resident of Indiana, you do not have to pay Michigan income taxes on your wages earned. You would just be responsible for submitting exemption Form MI-W4 to your employer.
I live in WA state, but am working for 30 days in MD and temp living in DC for those 30 days. How and to whom do I file state taxes?
Hi Kevin,
Since you need to be living in MD for six months to be considered a resident of the state, you will only need to file a non-resident MD state tax return to report the income you earn while living there.