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,
Beginning of next year 2014 I’m moving from Hawaii to Masachussets.
I will continue working for the company in Hawaii, full time, however as a consultant.
All consulting fees however will be paid to my newly created company, a sub-chapter S corporation filed in the state of Wyoming.
Which states will tax me at the end of the year? Wyoming has no corporate income / personal income tax, so I’m not worrying about that one, but I do worry about being taxed twice for Hawaii and Masachussets.
Due to my company being incorporated in Wyoming, is there an easier way to deal with the taxes? Any help would be appreciated. Thank you.
Kind regards,
Kamil
Hi Kamil,
You are only taxed in states a) where you are a resident and b) where you physically earn money. It sounds to me like you will stop being a Hawaii resident and become a Massachusetts residents halfway through the year. In this case, you will have to file a part-year resident return in HI and a part-year resident return in MA. If these are the only two states where you physically earn money you should be good.
Hi,
I live and work in PA as an independent contractor for a company based in CA. I receive a 1099-MISC for that income. I keep getting notices from CA that I need to pay taxes in CA. Am I wrong in that I do not have to file a return in CA? I have sent several letters, but I keep getting these notices about owing taxes. What should I do?
Thanks,
Susie
Hi Susie,
As long as you are a PA resident and you don’t physically do any work in CA, you shouldn’t have to pay CA taxes. I would call the CA Franchise Tax Board and explain your situation to someone.
Hi,
I reside in Florida and this past summer I taught an online course for a school located in California. (The students who registered for the class are from all over the US some even residing abroad). Should I pay CA OASDI/EE?
Thanks!
Zed
Hi Zed from Florida,
My understanding is that you do not have to pay any California taxes if you are not living or working in CA, however to be sure you might want to contact a CA tax accountant.
I have lived in Texas the entire year and have made my income in Texas for the year, but I’m moving to Arkansas before January. Will I need to pay taxes on the income I made while living in Texas because I’m moving to Arkansas?
Hi JA,
No, all of the income you earned in Texas while a TX resident you do not need to pay Arkansas taxes on. AR will tax you on ALL of the income you make AFTER you become an AR resident.
Hi,
I currently live and work in VA but am taking a consulting job in Boston MA which will have me travelling during the week. I will plan to keep my residency in VA but am going to rent an apartment in Boston at least for the first year (I should be able to then “work” out of the boston office and go there only when necessary). I have seen about the resident/non-resident filing and am clear on that but wonder about the tax credit amount. MA has a higher rate than VA so that is nice but I’m curious how much tax relief I get from VA when I file the tax deduction from MA. All my income that I am concerned about will be earned in MA so if I have $4000 taken out of my taxes in MA, would that mean I get $4000 off my taxes in VA or is it only a portion of that? I know with normal deductions you only get about a 35% tax shield but just want to understand the amounts when deducting another state’s tax. Basiclaly I’m just trying to ensure if I will need to pay more to VA that I work that into my annual budget and don’t get surprised with a big tax bill at the end of the year. Thanks!
Hi Todd,
The credit you receive in Virginia will probably not be the full $4,000 that you end up paying in Massachusetts taxes. Because VA is your resident state they’re still going to take a chunk of that. If you are really concerned about very precise financial planning I suggest sitting down with an accountant.