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Live in Virginia, Work Remotely for a Delaware Employer: Who Taxes You?

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

Answer

Delaware taxes you even though you never work there. Its convenience-of-the-employer rule sources your remote workdays back to the employer's state unless the job genuinely cannot be done in Delaware. You file a Delaware nonresident return and a Virginia resident return, claiming the credit at home.

Last verified

A handful of states refuse to accept the ordinary sourcing rule for their own employers' remote staff. Delaware 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".

Delaware sources a nonresident employee's remote workdays to Delaware when the employee works outside the state for their own convenience rather than because the employer requires it. Days worked outside Delaware at the employer's necessity are excluded.

The rule is not an administrative preference. Delaware applies it under 30 Del. C. §1124; Delaware Division of Revenue Technical Information Memorandum 2011-1, 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 Delaware Division of Revenue.

A Virginia resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule OSC. The credit is capped at the Virginia tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.

Delaware also has a layer below the state one, and it is the layer that survives every agreement: Wilmington levies a city earned income tax on wages earned inside the city, collected by the city rather than the Division of Revenue.

What you file

  1. 1Nonresident return · DelawareForm PIT-NON

    File the Delaware nonresident return FIRST — you need the Delaware tax figure before you can complete Virginia.

  2. 2Resident return · VirginiaSchedule OSC

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

The two states, side by side

 VirginiaDelaware
Taxes wagesYes — graduatedYes — graduated
Reciprocity partners5 (Form VA-4)None
Convenience ruleNoYes — general rule
Nonresident returnForm 763Form PIT-NON
Credit for other-state taxSchedule OSCSchedule I (Form PIT-RES)
Nonresident safe harbourNone publishedNone published
Local income taxNoYes
Revenue departmentVirginia Department of TaxationDelaware Division of Revenue
Last verified

The other direction

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

Delaware to Virginia →

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 Virginia pairs

Questions people actually ask

I live in Virginia and work remotely for a Delaware employer. Which state do I pay?

Delaware taxes you even though you never work there. Its convenience-of-the-employer rule sources your remote workdays back to the employer's state unless the job genuinely cannot be done in Delaware. You file a Delaware nonresident return and a Virginia resident return, claiming the credit at home.

Which state should my employer be withholding for?

Both, potentially — and that is the problem. Delaware expects withholding because it claims the income, while Virginia taxes you as a resident. Many employers withhold only for Delaware, which leaves a Virginia 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. Virginia gives residents a credit for tax paid to Delaware on the same income, claimed on Schedule OSC. The credit is capped at the Virginia tax on that income, so if Delaware taxes it more heavily the excess is not refunded by either state.

How current is this?

The Virginia and Delaware rules on this page were last checked against Virginia Department of Taxation and Delaware Division 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.