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.
my soon to be ex spouse lives in Hawaii. Born and raised here. He is a pilot and claims Florida as his residence so he doesn’t have to pay taxes. Is this even possible? He says pilots are allowed to do this..
Hi Maria,
This may be a possible situation, however it is not legal. If the IRS becomes aware of his false residency, he may be getting himself into a bit of trouble.
I am a resident of Florida and worked as a 1099 consultant (from home in FL) for an Indiana business. Do I have to report that income to IN?
Hi FL Consultant,
As a general rule, you have to file a resident tax return in the state where you lived, a part-year resident return in any state you moved to/from, and a nonresident return in a state where you earned money but didn’t live.
It doesn’t matter where your company is located. If you didn’t live in a state, and you physically did not work there, you don’t have to file a return there just because the company paying you is based there, although you do if they accidentally withhold taxes for that state.
Thanks for the information! I have a question though about the actual claims after filing. I live in North Carolina but work in Virginia. Virginia taxes are being withheld from each paycheck. Is there a significant difference in the tax rates of each state? Would it make a difference to claim the taxes paid in VA as a nonresident on NC resident forms or vice versa? Wouldn’t I have to wait until NC sends me the tax bill before I can claim those taxes for VA? So, I have to pay out of pocket for two states before I get a return from one of the states? I guess my questions are more about the timing and logistics. Thanks again.
Hi Lisa,
In your situation, when filing your tax return, you will need to file a resident North Carolina return and a non-resident Virginia return along with your federal return.
I am a full time employe of a US based company. I got an offer for a contracting work for a non-US based company in IT area. How do I pay taxes? There’s plenty of information how to pay taxes as a contractor based on 1099 forms provided by the company that hires you, but what to do if you’re hired by foreign company that does not do business in US and does not file 1099 forms with IRS? Thank you.
Hi Bob,
The answer to your question depends on the tax laws of the country you’ll be working for. The pay roll department should be able to let you know which forms you need to complete and how taxes will be withheld.
Hi. My primary home is in Florida, a state with no state tax. In 2014, from January-June, I worked in Florida for a corporation, and federal taxes were taken out of my paycheck. In July, I started an s-corp for consulting; I am the only employee. My primary residence is still in Florida, but my contract job is in NYC. I will start taking payroll in September, but I will take a distribution in august. Do I need to file ny state and NYC city taxes? As an individual? As an s-corp? Both? Since it’s only a few months out of the tax year where I will be earning money in New York, I’m hoping I don’t have to file anything in New York. Thanks for the advice.
Hi Lee,
Since your situation entails owning a business, I suggest looking at the S Corporation page of the IRS website. As another reference point, I also suggest taking a look at the NYS government website.
Thank you. Will do.