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Live in New York, Work in Colorado: Which State Taxes Your Paycheck?

Both states — credit offsets the double taxColorado withholds

Answer

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

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

A New York resident taxed by another state on the same income claims the credit for taxes paid to other states on Form IT-112-R. The credit is capped at the New York tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.

Colorado also has a layer below the state one, and it is the layer that survives every agreement: A few Colorado cities levy an occupational privilege tax — a flat monthly head charge on anyone working in the city, not a percentage of income. It is not an income tax and no credit offsets it.

What you file

  1. 1Nonresident return · ColoradoForm DR 0104 with Schedule DR 0104PN

    File the Colorado nonresident return FIRST — you need the Colorado tax figure before you can complete New York.

  2. 2Resident return · New YorkForm IT-112-R

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

The two states, side by side

 New YorkColorado
Taxes wagesYes — graduatedYes — flat
Reciprocity partnersNoneNone
Convenience ruleYes — general ruleNo
Nonresident returnForm IT-203Form DR 0104 with Schedule DR 0104PN
Credit for other-state taxForm IT-112-RForm DR 0104CR
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentNew York State Department of Taxation and FinanceColorado Department of Revenue — Taxation Division
Last verified

The other direction

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

Colorado to New York →

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 York pairs

Questions people actually ask

I live in New York and work in Colorado. Which state takes the tax out of my paycheck?

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

Which state should my employer be withholding for?

Colorado. The wages are sourced to Colorado, so Colorado withholding is correct and there is no New York 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 York gives residents a credit for tax paid to Colorado on the same income, claimed on Form IT-112-R. The credit is capped at the New York tax on that income, so if Colorado taxes it more heavily the excess is not refunded by either state.

How current is this?

The New York and Colorado rules on this page were last checked against New York State Department of Taxation and Finance and Colorado Department of Revenue — Taxation Division 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.