Live in Delaware, Work in Maryland: Which State Taxes Your Paycheck?
Answer
You file twice: Maryland first, then Delaware. There is no reciprocity agreement between these two states, so Maryland taxes the income where it was earned and Delaware taxes it again as resident income — with the resident credit removing the double charge rather than an exemption form preventing it.
Last verified
Two states can lawfully tax the same wages: Maryland because the work happened there, Delaware because you live there. Nothing prevents the overlap in advance — it is unwound afterwards, on the Delaware return, through the credit for taxes paid to another state.
A Delaware resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule I (Form PIT-RES). The credit is capped at the Delaware tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.
Maryland also has a layer below the state one, and it is the layer that survives every agreement: Every Maryland county and Baltimore City levies its own income tax, collected on the state return. A reciprocity agreement exempts wages from the Maryland state tax only — it never reaches the county tax. Nonresidents who are not covered by an agreement pay a special nonresident rate in place of the county tax. Pennsylvania carries one further condition: a Pennsylvania resident exempt from the Maryland state tax remains liable for the Maryland local tax unless their own Pennsylvania jurisdiction imposes no earnings tax on Maryland residents.
What you file
- 1Nonresident return · MarylandForm 505 with Form 505NR
File the Maryland nonresident return FIRST — you need the Maryland tax figure before you can complete Delaware.
- 2Resident return · DelawareSchedule I (Form PIT-RES)
File a Delaware resident return reporting all income, then claim the credit for tax paid to Maryland. The credit is capped at what Delaware would have charged on that same income, so if Maryland taxes it at a higher rate the difference is not refunded.
The two states, side by side
| Delaware | Maryland | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — graduated |
| Reciprocity partners | None | 4 (Form MW507) |
| Convenience rule | Yes — general rule | No |
| Nonresident return | Form PIT-NON | Form 505 with Form 505NR |
| Credit for other-state tax | Schedule I (Form PIT-RES) | Form 502CR |
| Nonresident safe harbour | None published | None published |
| Local income tax | Yes | Yes |
| Revenue department | Delaware Division of Revenue | Comptroller of Maryland |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in Maryland and working in Delaware gives:Both states — credit offsets the double tax.
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.
- Remote worker: Delaware → MarylandHome state only
- 1099 contractor: Delaware → MarylandHome state, plus the client state if you work there
- Moved mid-year: Delaware → MarylandTwo part-year returns
Other Delaware pairs
Questions people actually ask
I live in Delaware and work in Maryland. Which state takes the tax out of my paycheck?
You file twice: Maryland first, then Delaware. There is no reciprocity agreement between these two states, so Maryland taxes the income where it was earned and Delaware taxes it again as resident income — with the resident credit removing the double charge rather than an exemption form preventing it.
Which state should my employer be withholding for?
Maryland. The wages are sourced to Maryland, so Maryland withholding is correct and there is no Delaware 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. Delaware gives residents a credit for tax paid to Maryland on the same income, claimed on Schedule I (Form PIT-RES). The credit is capped at the Delaware tax on that income, so if Maryland taxes it more heavily the excess is not refunded by either state.
How current is this?
The Delaware and Maryland rules on this page were last checked against Delaware Division of Revenue and Comptroller of Maryland 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.
- Delaware Division of Revenue — individual income taxaccessed 2026-08-07
- Comptroller of Maryland — individual income taxaccessed 2026-08-07
- Maryland — Form MW507accessed 2026-08-07