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

Both states — credit offsets the double taxNorth Dakota withholds

Answer

North Dakota withholds and New Jersey credits. Without an agreement between them, both states are entitled to tax income earned in North Dakota by a New Jersey resident. The mechanism that stops you paying twice is the credit on the New Jersey resident return, which is why the North Dakota return has to be completed first.

Last verified

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

A New Jersey resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule NJ-COJ. The credit is capped at the New Jersey 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 New Jersey.

  2. 2Resident return · New JerseySchedule NJ-COJ

    File a New Jersey resident return reporting all income, then claim the credit for tax paid to North Dakota. The credit is capped at what New Jersey 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

 New JerseyNorth Dakota
Taxes wagesYes — graduatedYes — graduated
Reciprocity partners1 (Form NJ-165)2 (Form NDW-R)
Convenience ruleOnly against convenience-rule statesNo
Nonresident returnForm NJ-1040NRForm ND-1 with Schedule ND-1NR
Credit for other-state taxSchedule NJ-COJSchedule ND-1CR
Nonresident safe harbourNone publishedNone published
Local income taxNoNo
Revenue departmentNew Jersey Division of TaxationNorth 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 New Jersey gives:Both states — credit offsets the double tax.

North Dakota to New Jersey →

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 New Jersey pairs

Questions people actually ask

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

North Dakota withholds and New Jersey credits. Without an agreement between them, both states are entitled to tax income earned in North Dakota by a New Jersey resident. The mechanism that stops you paying twice is the credit on the New Jersey resident return, which is why the North Dakota return has to be completed 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 New Jersey 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. New Jersey gives residents a credit for tax paid to North Dakota on the same income, claimed on Schedule NJ-COJ. The credit is capped at the New Jersey 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 New Jersey and North Dakota rules on this page were last checked against New Jersey Division of Taxation 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.