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Live in Texas, Work Remotely for a Pennsylvania Employer: Who Taxes You?

Convenience-of-the-employer rule — employer state taxes youPennsylvania withholds

Answer

Pennsylvania taxes you and nothing offsets it. Its convenience-of-the-employer rule sources your remote workdays to Pennsylvania even though you never go there, and Texas has no income tax — so there is no resident return on which to claim a credit for the Pennsylvania tax.

Last verified

The convenience rule is bad enough when your home state credits it back. Here there is nothing to credit it back against: Texas levies no income tax, so the Pennsylvania liability is final rather than merely first.

Pennsylvania sources a nonresident's remote workdays to Pennsylvania when the employee works from home for their own convenience rather than at the employer's requirement. The reciprocal agreements override it: a New Jersey resident working remotely for a Pennsylvania employer owes Pennsylvania nothing.

The rule is not an administrative preference. Pennsylvania applies it under 61 Pa. Code §109.8, 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 Pennsylvania Department of Revenue.

Pennsylvania also has a layer below the state one, and it is the layer that survives every agreement: Pennsylvania's Act 32 earned income tax is levied by municipalities and school districts across the state, and Philadelphia levies its own wage tax on residents and on nonresidents who work in the city. None of it is covered by the reciprocal agreements, and Philadelphia's nonresident wage tax applies from the first dollar.

What you file

  1. 1Nonresident return · PennsylvaniaForm PA-40 (nonresident)

    File a Pennsylvania nonresident return. Texas does not tax wages, so there is no resident return and therefore no credit anywhere to offset the Pennsylvania tax — this is the worst version of the convenience rule.

The two states, side by side

 TexasPennsylvania
Taxes wagesNoYes — flat
Reciprocity partnersNone6 (Form REV-419)
Convenience ruleNoYes — general rule
Nonresident returnNot applicableForm PA-40 (nonresident)
Credit for other-state taxNo income taxSchedule G-L
Nonresident safe harbourNot applicableNone published
Local income taxNoYes
Revenue departmentTexas Comptroller of Public AccountsPennsylvania Department of Revenue
Last verified

The other direction

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

Pennsylvania to Texas →

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 Texas pairs

Questions people actually ask

I live in Texas and work remotely for a Pennsylvania employer. Which state do I pay?

Pennsylvania taxes you and nothing offsets it. Its convenience-of-the-employer rule sources your remote workdays to Pennsylvania even though you never go there, and Texas has no income tax — so there is no resident return on which to claim a credit for the Pennsylvania tax.

Which state should my employer be withholding for?

Pennsylvania. The wages are sourced to Pennsylvania, so Pennsylvania withholding is correct and there is no Texas withholding to set up, because Texas levies no income tax on wages.

Can I claim a credit for the Pennsylvania tax?

No, and that is what makes this case unusual. A credit for taxes paid to another state is claimed on a resident return, and Texas does not have one — it levies no personal income tax. The Pennsylvania tax is your final cost on this income unless your employer can establish that your remote work is a business necessity.

How current is this?

The Texas and Pennsylvania rules on this page were last checked against Texas Comptroller of Public Accounts and Pennsylvania 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.