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Live in Kansas, Work Remotely for a Nebraska Employer: Who Taxes You?

Convenience-of-the-employer rule — both states tax youBoth states claim the income

Answer

Both states claim these wages, and the reason is Nebraska's convenience rule. Working from home in Kansas would normally end Nebraska's interest; instead Nebraska treats days worked at home for your own convenience as Nebraska days. Expect two returns and a credit that may not fully cover the gap.

Last verified

A handful of states refuse to accept the ordinary sourcing rule for their own employers' remote staff. Nebraska is one of them, and its convenience-of-the-employer rule is the reason this page does not end with "only your home state taxes you".

Nebraska sources the wages of a nonresident employee of a Nebraska employer to Nebraska unless the work is performed outside the state because the employer requires it. Working remotely by the employee's own choice does not break the Nebraska claim.

The rule is not an administrative preference. Nebraska applies it under Neb. Admin. Code tit. 316, ch. 22, §003, and the burden of showing that remote work is an employer necessity rather than an employee convenience falls on you and your employer, not on Nebraska Department of Revenue.

A Kansas resident taxed by another state on the same income claims the credit for taxes paid to other states on Form K-40 (credit for taxes paid to other states). The credit is capped at the Kansas tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.

What you file

  1. 1Nonresident return · NebraskaForm 1040N with Schedule III

    File the Nebraska nonresident return FIRST — you need the Nebraska tax figure before you can complete Kansas.

  2. 2Resident return · KansasForm K-40 (credit for taxes paid to other states)

    File a Kansas resident return reporting all income, then claim the credit for tax paid to Nebraska. The credit is capped at what Kansas would have charged on that same income, so if Nebraska taxes it at a higher rate the difference is not refunded.

The two states, side by side

 KansasNebraska
Taxes wagesYes — graduatedYes — graduated
Reciprocity partnersNoneNone
Convenience ruleNoYes — general rule
Nonresident returnForm K-40 with Schedule S Part BForm 1040N with Schedule III
Credit for other-state taxForm K-40 (credit for taxes paid to other states)Form 1040N Schedule II
Nonresident safe harbourNone publishedNone published
Local income taxNoNo
Revenue departmentKansas Department of RevenueNebraska Department of Revenue
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in Nebraska and working in Kansas gives:Home state only.

Nebraska to Kansas →

Same two states, different situation

The withholding answer turns on how you are paid and where the work happens, not only on which two states are involved.

Other Kansas pairs

Questions people actually ask

I live in Kansas and work remotely for a Nebraska employer. Which state do I pay?

Both states claim these wages, and the reason is Nebraska's convenience rule. Working from home in Kansas would normally end Nebraska's interest; instead Nebraska treats days worked at home for your own convenience as Nebraska days. Expect two returns and a credit that may not fully cover the gap.

Which state should my employer be withholding for?

Both, potentially — and that is the problem. Nebraska expects withholding because it claims the income, while Kansas taxes you as a resident. Many employers withhold only for Nebraska, which leaves a Kansas balance due at filing unless you make estimated payments during the year.

Will I end up paying tax twice on the same income?

Not twice over, but you will pay the higher of the two rates. Kansas gives residents a credit for tax paid to Nebraska on the same income, claimed on Form K-40 (credit for taxes paid to other states). The credit is capped at the Kansas tax on that income, so if Nebraska taxes it more heavily the excess is not refunded by either state.

How current is this?

The Kansas and Nebraska rules on this page were last checked against Kansas Department of Revenue and Nebraska Department of Revenue on 2026-08-07. We re-check the full grid every December after state legislative sessions close, and re-check the convenience-of-the-employer states quarterly because that is where the rules move fastest.

Sources

Every fact above comes from the revenue department that publishes the rule. We do not cite secondary summaries, and we do not restate a figure we could not find at source.