How to decide which US states can tax an individual who lives, moves or works in more than one state, tax year 2026 with 2025 return notes: domicile and statutory residency tests (permanent place of abode plus day counts) for NY, NJ, PA, CT, DE, MD, VA and CA, part-year returns, sourcing a nonresident's wages by days worked, the convenience-of-the-employer rule and remote workers, wage reciprocity agreements, the resident credit for tax paid to other states, and the 4 U.S.C. 114 bar on source-state tax of retirement income.
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| Rule | Figure | Year | Source |
|---|---|---|---|
| Georgia: nonresident employee need not file if Georgia pay does not exceed the lesser of this share of pay from all places, or the dollar cap | 5% | 2025 and 2026 (no end date stated) | Georgia DOR residency filing requirements |
| Georgia: dollar cap for the same test | $5,000 | 2025 and 2026 | Georgia DOR residency filing requirements |
| California 546-day employment absence: disqualified if intangible income in any year of the contract exceeds | $200,000 (tested for each spouse separately) | Tax years from 1994 onward | R&TC § 17014 |
This Guide is a method for US individuals who live, move or work in more than one US state. It covers:
Tax year. The primary year is tax year 2026 (returns filed in 2027). The latest state forms and instructions published at writing are for 2025, so the state rules below are taken from those 2025 documents and from current statutes. Check each state's 2026 instructions when they are published. A dated section at the end covers 2025 returns.
How to read the state detail. Residency, sourcing and credits are state law, and every state differs. The key-state table gives each rule with its official source. A state marked check was not verified from an official source for this Guide: confirm it on that state's own site before relying on it. Where the Tax Library has a state Guide (New York IT-201, New Jersey, Pennsylvania, Connecticut, Delaware, Georgia, Maryland, California 540, Kentucky, Arkansas, Virginia), this Guide follows the same rule.
Not covered: business apportionment, pass-through entity taxes, trusts and estates, foreign residency and treaties, US territories, athletes and entertainers, and local taxes. Each state's return computation is in its own Guide.
The day and percentage tests below are unchanged for tax year 2026 unless noted; the published text is from the 2025 forms or current statutes.
| Rule | Figure | Year | Source |
|---|---|---|---|
| Georgia: nonresident employee need not file if Georgia pay does not exceed the lesser of this share of pay from all places, or the dollar cap | 5% | 2025 and 2026 (no end date stated) | Georgia DOR residency filing requirements |
| Georgia: dollar cap for the same test | $5,000 | 2025 and 2026 | Georgia DOR residency filing requirements |
| California 546-day employment absence: disqualified if intangible income in any year of the contract exceeds | $200,000 (tested for each spouse separately) | Tax years from 1994 onward | R&TC § 17014 |
Day-count tests have no dollar figure; they are in the key-state table.
| State | Resident if | Source |
|---|---|---|
| New York (and NYC, Yonkers, same test) | Domiciled there, or keeps a permanent place of abode for substantially all of the year and spends 184 days or more there. "Any part of a day is a day", and the days need not be spent at the abode | NY residency FAQ |
| New Jersey | Domiciled there, unless all three hold: no permanent home in New Jersey, a permanent home outside it, and not more than 30 days in New Jersey. Or, if not domiciled, "maintain a permanent home and spend more than 183 days here" | GIT-6 |
| Pennsylvania | Domiciled there (a domiciliary exception exists: see the Pennsylvania Guide), or has a permanent place of abode and "Spends more than 183 days (midnight to midnight)" there. At exactly 183 days, refer (the Pennsylvania Guide notes conflicting department wording) | PA PIT Guide overview |
| Connecticut | Domiciled there, unless (i) all three hold: no permanent place of abode in Connecticut, one elsewhere, and "not more than thirty days" in Connecticut; or (ii) the 548-day foreign-presence test is met (at least 450 days abroad in 548 consecutive days, with limits on days in Connecticut and on a Connecticut abode used by a spouse or minor children: refer). Or not domiciled but "maintains a permanent place of abode in this state and is in this state for an aggregate of more than one hundred eighty-three days". DRS reads the abode as kept "during the entire" taxable year | Conn. Gen. Stat. § 12-701, DRS resident tax information |
| Delaware | Domiciled there (a foreign-presence exception exists: see the Delaware Guide), or "maintains a place of abode in this State and spends in the aggregate more than 183 days" there | 30 Del. C. ch. 11, subch. I |
| Maryland | Domiciled there, or keeps a place of abode for more than six months of the year and is physically present 183 days or more (note: 183 is enough) | MD nonresident booklet 2025 |
| Virginia | The statute: every person domiciled in Virginia at any time in the year, and every other person who "for an aggregate of more than 183 days of the taxable year, maintained his place of abode within Virginia". Virginia calls this an "actual resident". The 2025 Form 760 instructions word it more widely ("maintained an abode in Virginia or were physically present in Virginia for more than 183 total days"): refer anyone present more than 183 days without an abode | Va. Code § 58.1-302, VA Form 760 instructions 2025 |
| California | Anyone "in this state for other than a temporary or transitory purpose", and anyone domiciled in California who is outside it only for a temporary or transitory purpose. More than nine months in California in a year creates a rebuttable presumption of residence. There is no day-count safe harbor except the 546-day employment absence | R&TC § 17014, R&TC § 17016 |
| Georgia | The department describes residency as legal residence (domicile). For anyone with a Georgia home who is not domiciled there: check O.C.G.A. § 48-7-1 | Georgia DOR residency filing requirements |
| Kentucky, Arkansas | Check. Their Guides treat residency by domicile; the statutory tests were not verified here | see the state Guides |
| Any other state | Check on that state's revenue site. Tests vary: some have no day test at all (California), some use a presumption |
| State | Rule for a nonresident employee who works outside the state | Source |
|---|---|---|
| New York | Normal workdays at home are New York days if the "assigned or primary work location is at an established office or other bona fide place of business of the employer" in New York. Only days spent outside New York "because of necessity (not convenience) of the employer" reduce the New York share | IT-203-I, TSB-M-06(5)I |
| New York: escaping the rule | The home office must be a bona fide employer office: it meets "either: a) the primary factor, or b) at least 4 of the secondary factors and 3 of the other factors". The primary factor is specialized facilities the job needs that cannot be made available at the employer's office. Mere employer permission is not enough | TSB-M-06(5)I |
| Pennsylvania | Follows the "convenience-of-the-employer" doctrine: pay for work done outside Pennsylvania only for the employee's convenience stays Pennsylvania-source. A nonresident "required to telework full-time from home in another state should treat his compensation as non-Pennsylvania source income" | PA PIT Guide: Gross Compensation, PA telework guidance |
| Delaware | Pay is Delaware-source if "Attributable to employment in this State and not required to be performed elsewhere". Days outside Delaware are excluded only on "necessity of work outside the State ... as opposed to solely for the convenience of the employee"; a home office counts only if "working from home is a requirement of employment" | 30 Del. C. ch. 11, subch. III, Form PIT-SCW |
| New Jersey | No rule of its own. From tax years beginning 1 January 2023 it applies the home state's rule to nonresidents working for a New Jersey employer who live in states "that also impose a similar test, such as Delaware, Nebraska, and New York". It does not apply to Pennsylvania residents (reciprocity), or to an employee working from home in Connecticut. If the employee "performs no services in New Jersey" in the year, the wages are not New Jersey-source under this law | NJ convenience rule FAQ |
| Connecticut | (Employee pay only: the rule "shall not apply to sources of income from a business, trade, profession, or occupation" other than employee compensation.) A nonresident's Connecticut wages "shall include income from days worked outside this state for such person's convenience if such person's state of domicile uses a similar test". Separately, a nonresident employee present in Connecticut "for not more than fifteen days" in the year has no Connecticut-source pay for those days; above fifteen days, all Connecticut-day pay is Connecticut-source (tax years from 2016) | Conn. Gen. Stat. § 12-711 |
| Nebraska | Keeps "convenience rule wages" (wages for work outside Nebraska "for the nonresident employee's convenience", Neb. Rev. Stat. § 77-2733(8)(c)). Withholding from 2025 (LB 1023), for an employee paid convenience rule wages: at seven employment duty days or less in Nebraska in the year, no Nebraska withholding on any wages; above seven days, the employer withholds only on pay for the work performed while present in Nebraska, not on the convenience rule wages. Partial days in Nebraska count as full days. How LB 1023 changes the employee's own liability: check with the Nebraska Department of Revenue | Nebraska Circular EN instructions |
| Arkansas | No convenience rule for tax years beginning on or after 1 January 2021: a nonresident pays tax "only on the portion of the individual's income that reasonably can be allocated to work performed in Arkansas", and works in Arkansas only "when that individual is physically located in Arkansas" | Arkansas Act 1019 of 2021 |
| California | No convenience rule. For its credit, "Compensation for services rendered by employees has a source where the services are performed" | 2025 Schedule S instructions |
| Other states | Check. Do not assume a state has no rule because it is not listed here |
Each row is taken from that state's own publication. A pair appears only if at least one side confirms it.
| State | Residents of these states are not taxed on wages earned here (and conditions) | Source |
|---|---|---|
| Pennsylvania | Indiana, Maryland, New Jersey, Ohio, Virginia, West Virginia. Employee compensation only, not "miscellaneous and non-employee compensation", and not pay to Ohio-resident shareholder-employees owning 20% or more of a PA S corporation | 2025 PA-40 instructions |
| New Jersey | Pennsylvania: "Pennsylvania residents are not subject to Income Tax on wages they earn in New Jersey"; other New Jersey income of Pennsylvania residents is still taxed | GIT-6 |
| Maryland | District of Columbia, Pennsylvania, Virginia: exempt on Maryland wages only if they "did not maintain a place of abode in Maryland for more than six months (183 days or more)". West Virginia: "Regardless of time spent". A Pennsylvania resident whose Pennsylvania locality taxes Maryland residents follows the Form 515 instructions | MD nonresident booklet 2025 |
| Virginia | Maryland, Pennsylvania, West Virginia residents with only Virginia wages, present in Virginia 183 days or less, and whose wages were taxed by the home state: no Form 763. Kentucky and DC residents who "commuted daily" to work in Virginia: no Form 763 only if they had no actual place of abode in Virginia at any time in the year, their only Virginia income was wages, and those wages were taxed by Kentucky or DC | VA Form 760 instructions 2025 |
| Kentucky | Illinois, Indiana, Michigan, Ohio, West Virginia, Wisconsin, and Virginia (daily commuters only). "Reciprocity does not apply to persons who live in Kentucky for more than 183 days". Gambling and K-1 income are not covered. For Ohio residents only, wages from an S corporation to a shareholder-employee owning 20% or more are not covered | KY Form 740-NP-R (2025) |
| Ohio | Michigan, Indiana, Kentucky, West Virginia, Pennsylvania: exempt from Ohio withholding on "compensation for services provided in Ohio". | Ohio employer withholding FAQ |
| Illinois | Iowa, Kentucky, Michigan, Wisconsin | IL-1040 instructions |
| Others often cited (Michigan-Minnesota, Minnesota-North Dakota, North Dakota-Montana, Indiana-Wisconsin) | Check on both states' sites. DC's arrangements with Maryland and Virginia are in those rows |
New York, Connecticut, California, Georgia and Delaware appear in none of the lists above.
Mechanics. The employee gives the work-state employer that state's nonresidence certificate (Kentucky: Form 42A809, per the 740-NP instructions). If the work state withheld anyway, claim the refund there, not a home-state credit. Pennsylvania: "If the employer withholds the tax for the reciprocal state, the taxpayer must file for a refund from that state" (2025 PA-40 instructions).
| Situation | Result | Source |
|---|---|---|
| Not domiciled in New York, permanent place of abode all year, exactly 183 days (part days counted) | Not a statutory resident: the test is 184 days or more | NY residency FAQ |
| Same facts in New Jersey, 183 days | Not a resident: needs more than 183 | GIT-6 |
| Same facts in Maryland, 183 days present, abode kept more than six months | Statutory resident: Maryland's test is 183 days or more | MD nonresident booklet |
| Virginia apartment kept 200 days, but only 40 days in Virginia | Actual resident of Virginia under the statute: the abode was kept for more than 183 days | Va. Code § 58.1-302 |
| New York domiciliary with no New York abode, an abode elsewhere all year, and 30 days or less in New York | Not a New York resident (Group A). All three conditions are needed; 31 days fails | NY income tax definitions |
| Pennsylvania counts days | "midnight to midnight"; New York counts any part of a day | PA PIT Guide overview |
| Nonresident employee in Connecticut on 15 days | No Connecticut-source pay; on 16 days, all Connecticut-day pay is taxed | Conn. Gen. Stat. § 12-711 |
| Virginia resident working in Kentucky who does not commute daily | Kentucky reciprocity does not apply | KY 740-NP-R |
| California domiciliary abroad or out of state 546 days under an employment contract, with California visits of 45 days in a year | Treated as outside California for other than a temporary purpose; visits of not more than 45 days are disregarded. Fails if intangible income exceeds $200,000 in any contract year, or if the principal purpose is to avoid California tax | R&TC § 17014 |
| Nonqualified deferred pay taken as a lump sum after moving | Not protected by § 114 unless it is from an excess benefit plan paid after termination | 4 U.S.C. § 114 |
These are illustrations with assumed facts; amounts are rounded to whole dollars.
Case 1: statutory residency, 183 against 184 days (NY residency FAQ). The client is domiciled in Connecticut and rents a Manhattan apartment suitable for year-round use for the whole year. On 184 days (counting part days) in New York State, of which 184 or more in New York City, they are a New York State and New York City statutory resident: New York taxes all their income, and they claim the New York resident credit for income sourced to and taxed by another state. On 183 days they are a New York nonresident, taxed only on New York-source income, with no New York City personal income tax. The city test is counted separately: 184 State days but only 150 in the city would make them a State resident but a city nonresident. Connecticut, as the domicile state, taxes all income in both cases; its credit for New York tax is claimed on Connecticut Schedule 2 (see the Connecticut Guide).
Case 2: remote worker, New York employer (IT-203-I). A Texas resident's assigned office is in New York. Salary $150,000. Of 230 days worked: 30 in the New York office, 180 at home in Texas by choice, and 20 at client sites in Texas that the employer required. The home office meets no bona fide employer office factor. New York workdays = 30 + 180 = 210. New York-source wages = $150,000 x 210 / 230 = $136,957. Texas has no income tax, so no credit is available anywhere.
Case 3: the same job, California resident (2025 Schedule S instructions). The employee works at home in California by choice. New York counts the home days as New York days; California taxes all the wages as a resident, treats pay for work done in California as California-source, and gives no credit for New York tax on those days. The home-day wages are taxed twice. Refer, and warn the client before the year starts.
Case 4: Georgia small-presence rule (Georgia DOR). A Tennessee resident's only Georgia activity is working there as an employee. Total pay from all places $120,000; pay for the Georgia days $4,000. 5% of $120,000 = $6,000. The lesser of $6,000 and $5,000 is $5,000. Georgia pay of $4,000 does not exceed $5,000, so no Georgia return is required. Had Georgia pay been $5,001, a return would be required.
Case 5: reciprocity (GIT-6; PA-40 instructions). A Pennsylvania resident works in New Jersey and also has a New Jersey rental. New Jersey does not tax the wages; if it withheld, the employee files NJ-1040NR showing the wages in Column A and "0" in Column B, and reports the rent as New Jersey income. Pennsylvania taxes the wages; the resident credit is available for New Jersey tax on the rent, not on the wages.
Case 6: Maryland abode test (MD nonresident booklet). A Virginia resident works in Maryland. Renting a Maryland flat for four months: Maryland does not tax the wages. Keeping the flat eight months and present 190 days: a Maryland statutory resident. Keeping it eight months but present 150 days: not a statutory resident, but the wage exemption is lost (abode more than six months), so they file Form 505 as a nonresident on the Maryland wages.
Case 7: California 546-day absence (R&TC § 17014). A California domiciliary takes a two-year employment contract in Singapore with 30 days of California visits a year. In the second year a share sale produces $250,000 of gains. Because intangible income exceeded $200,000 in a contract year, the 546-day rule does not apply, and residency falls back to the general "temporary or transitory purpose" test. Refer.
Case 8: retirement income after a move (4 U.S.C. § 114). A New York retiree moves to Florida in March. IRA distributions and 401(k) payments received after the move cannot be taxed by New York. A nonqualified plan pays a single lump sum in June; it is not a series of periodic payments and not an excess benefit plan, so § 114 does not protect it, and New York sources it under its own rules (refer).
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