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

Both states — credit offsets the double taxPennsylvania withholds

Answer

Two returns, one credit. Pennsylvania has the first claim on wages earned inside the state and withholds accordingly. Delaware then taxes you as a resident on everything and gives credit for what Pennsylvania already took, capped at what Delaware would have charged on that same income.

Last verified

Two states can lawfully tax the same wages: Pennsylvania 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.

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

  2. 2Resident return · DelawareSchedule I (Form PIT-RES)

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

The two states, side by side

 DelawarePennsylvania
Taxes wagesYes — graduatedYes — flat
Reciprocity partnersNone6 (Form REV-419)
Convenience ruleYes — general ruleYes — general rule
Nonresident returnForm PIT-NONForm PA-40 (nonresident)
Credit for other-state taxSchedule I (Form PIT-RES)Schedule G-L
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentDelaware Division of RevenuePennsylvania Department of Revenue
Last verified

The other direction

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

Pennsylvania to Delaware →

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 Delaware pairs

Questions people actually ask

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

Two returns, one credit. Pennsylvania has the first claim on wages earned inside the state and withholds accordingly. Delaware then taxes you as a resident on everything and gives credit for what Pennsylvania already took, capped at what Delaware would have charged on that same income.

Which state should my employer be withholding for?

Pennsylvania. The wages are sourced to Pennsylvania, so Pennsylvania 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 Pennsylvania on the same income, claimed on Schedule I (Form PIT-RES). The credit is capped at the Delaware tax on that income, so if Pennsylvania taxes it more heavily the excess is not refunded by either state.

How current is this?

The Delaware and Pennsylvania rules on this page were last checked against Delaware Division of Revenue 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.