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Live in Maine, Work in North Dakota: Which State Taxes Your Paycheck?

Both states — credit offsets the double taxNorth Dakota withholds

Answer

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

Last verified

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

A Maine resident taxed by another state on the same income claims the credit for taxes paid to other states on Form 1040ME Schedule A. The credit is capped at the Maine tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.

What you file

  1. 1Nonresident return · North DakotaForm ND-1 with Schedule ND-1NR

    File the North Dakota nonresident return FIRST — you need the North Dakota tax figure before you can complete Maine.

  2. 2Resident return · MaineForm 1040ME Schedule A

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

The two states, side by side

 MaineNorth Dakota
Taxes wagesYes — graduatedYes — graduated
Reciprocity partnersNone2 (Form NDW-R)
Convenience ruleNoNo
Nonresident returnForm 1040ME with Schedule NRForm ND-1 with Schedule ND-1NR
Credit for other-state taxForm 1040ME Schedule ASchedule ND-1CR
Nonresident safe harbour12 days or a dollar floorNone published
Local income taxNoNo
Revenue departmentMaine Revenue ServicesNorth Dakota Office of State Tax Commissioner
Last verified

The other direction

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

North Dakota to Maine →

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 Maine pairs

Questions people actually ask

I live in Maine and work in North Dakota. Which state takes the tax out of my paycheck?

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

Which state should my employer be withholding for?

North Dakota. The wages are sourced to North Dakota, so North Dakota withholding is correct and there is no Maine 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. Maine gives residents a credit for tax paid to North Dakota on the same income, claimed on Form 1040ME Schedule A. The credit is capped at the Maine tax on that income, so if North Dakota taxes it more heavily the excess is not refunded by either state.

How current is this?

The Maine and North Dakota rules on this page were last checked against Maine Revenue Services and North Dakota Office of State Tax Commissioner 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.