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

Both states — credit offsets the double taxDelaware withholds

Answer

Both states tax the same wages, and a credit undoes the overlap. Delaware withholds as your work state and you file a Delaware nonresident return; Indiana taxes residents on all income, so you also file at home and claim the credit for tax paid to Delaware. File Delaware first.

Last verified

Two states can lawfully tax the same wages: Delaware because the work happened there, Indiana because you live there. Nothing prevents the overlap in advance — it is unwound afterwards, on the Indiana return, through the credit for taxes paid to another state.

A Indiana resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule 6 (Form IT-40PNR). The credit is capped at the Indiana 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 Indiana.

  2. 2Resident return · IndianaSchedule 6 (Form IT-40PNR)

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

 IndianaDelaware
Taxes wagesYes — flatYes — graduated
Reciprocity partners5 (Form WH-47)None
Convenience ruleNoYes — general rule
Nonresident returnForm IT-40PNRForm PIT-NON
Credit for other-state taxSchedule 6 (Form IT-40PNR)Schedule I (Form PIT-RES)
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentIndiana Department of RevenueDelaware Division of Revenue
Last verified

The other direction

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

Delaware to Indiana →

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 Indiana pairs

Questions people actually ask

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

Both states tax the same wages, and a credit undoes the overlap. Delaware withholds as your work state and you file a Delaware nonresident return; Indiana taxes residents on all income, so you also file at home and claim the credit for tax paid to Delaware. File Delaware first.

Which state should my employer be withholding for?

Delaware. The wages are sourced to Delaware, so Delaware withholding is correct and there is no Indiana 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. Indiana gives residents a credit for tax paid to Delaware on the same income, claimed on Schedule 6 (Form IT-40PNR). The credit is capped at the Indiana tax on that income, so if Delaware taxes it more heavily the excess is not refunded by either state.

How current is this?

The Indiana and Delaware rules on this page were last checked against Indiana Department of Revenue 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.