Live in Delaware, Work in Utah: Which State Taxes Your Paycheck?
Answer
You file twice: Utah first, then Delaware. There is no reciprocity agreement between these two states, so Utah 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: Utah 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.
What you file
- 1Nonresident return · UtahForm TC-40 with Schedule TC-40B
File the Utah nonresident return FIRST — you need the Utah 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 Utah. The credit is capped at what Delaware would have charged on that same income, so if Utah taxes it at a higher rate the difference is not refunded.
The two states, side by side
| Delaware | Utah | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — flat |
| Reciprocity partners | None | None |
| Convenience rule | Yes — general rule | No |
| Nonresident return | Form PIT-NON | Form TC-40 with Schedule TC-40B |
| Credit for other-state tax | Schedule I (Form PIT-RES) | Schedule TC-40S |
| Nonresident safe harbour | None published | None published |
| Local income tax | Yes | No |
| Revenue department | Delaware Division of Revenue | Utah State Tax Commission |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in Utah 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 → UtahHome state only
- 1099 contractor: Delaware → UtahHome state, plus the client state if you work there
- Moved mid-year: Delaware → UtahTwo part-year returns
Other Delaware pairs
Questions people actually ask
I live in Delaware and work in Utah. Which state takes the tax out of my paycheck?
You file twice: Utah first, then Delaware. There is no reciprocity agreement between these two states, so Utah 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?
Utah. The wages are sourced to Utah, so Utah 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 Utah on the same income, claimed on Schedule I (Form PIT-RES). The credit is capped at the Delaware tax on that income, so if Utah taxes it more heavily the excess is not refunded by either state.
How current is this?
The Delaware and Utah rules on this page were last checked against Delaware Division of Revenue and Utah State Tax Commission 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
- Utah State Tax Commission — individual income taxaccessed 2026-08-07