Skip to content
statelinetax.comChecker

Live in Colorado, Work in Delaware: Which State Taxes Your Paycheck?

Both states — credit offsets the double taxDelaware withholds

Answer

Expect withholding in Delaware and a return in both. Colorado and Delaware hold no reciprocal agreement, so the overlap is resolved after the fact: Delaware taxes the Delaware-source wages, and your Colorado resident return claims a credit for that tax against the Colorado liability on the same income.

Last verified

Without an agreement between Colorado and Delaware, the overlap is handled after the fact rather than prevented. That is why the filing order matters: the Delaware figure is an input to the Colorado return, so completing Colorado first means doing it twice.

A Colorado resident taxed by another state on the same income claims the credit for taxes paid to other states on Form DR 0104CR. The credit is capped at the Colorado 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 Colorado.

  2. 2Resident return · ColoradoForm DR 0104CR

    File a Colorado resident return reporting all income, then claim the credit for tax paid to Delaware. The credit is capped at what Colorado 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

 ColoradoDelaware
Taxes wagesYes — flatYes — graduated
Reciprocity partnersNoneNone
Convenience ruleNoYes — general rule
Nonresident returnForm DR 0104 with Schedule DR 0104PNForm PIT-NON
Credit for other-state taxForm DR 0104CRSchedule I (Form PIT-RES)
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentColorado Department of Revenue — Taxation DivisionDelaware Division of Revenue
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in Delaware and working in Colorado gives:Both states — credit offsets the double tax.

Delaware to Colorado →

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 Colorado pairs

Questions people actually ask

I live in Colorado and work in Delaware. Which state takes the tax out of my paycheck?

Expect withholding in Delaware and a return in both. Colorado and Delaware hold no reciprocal agreement, so the overlap is resolved after the fact: Delaware taxes the Delaware-source wages, and your Colorado resident return claims a credit for that tax against the Colorado liability on the same income.

Which state should my employer be withholding for?

Delaware. The wages are sourced to Delaware, so Delaware withholding is correct and there is no Colorado withholding to set up.

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

Not twice over, but you will pay the higher of the two rates. Colorado gives residents a credit for tax paid to Delaware on the same income, claimed on Form DR 0104CR. The credit is capped at the Colorado tax on that income, so if Delaware taxes it more heavily the excess is not refunded by either state.

How current is this?

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