Live in New York, Work in Delaware: Which State Taxes Your Paycheck?
Answer
Expect withholding in Delaware and a return in both. New York and Delaware hold no reciprocal agreement, so the overlap is resolved after the fact: Delaware taxes the Delaware-source wages, and your New York resident return claims a credit for that tax against the New York liability on the same income.
Last verified
Two states can lawfully tax the same wages: Delaware 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.
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
- 1Nonresident return · DelawareForm PIT-NON
File the Delaware nonresident return FIRST — you need the Delaware tax figure before you can complete New York.
- 2Resident return · New YorkForm IT-112-R
File a New York resident return reporting all income, then claim the credit for tax paid to Delaware. The credit is capped at what New York 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
| New York | Delaware | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — graduated |
| Reciprocity partners | None | None |
| Convenience rule | Yes — general rule | Yes — general rule |
| Nonresident return | Form IT-203 | Form PIT-NON |
| Credit for other-state tax | Form IT-112-R | Schedule I (Form PIT-RES) |
| Nonresident safe harbour | None published | None published |
| Local income tax | Yes | Yes |
| Revenue department | New York State Department of Taxation and Finance | Delaware Division of Revenue |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in Delaware and working in New York 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: New York → DelawareConvenience-of-the-employer rule — both states tax you
- 1099 contractor: New York → DelawareHome state, plus the client state if you work there
- Moved mid-year: New York → DelawareTwo part-year returns
Other New York pairs
Questions people actually ask
I live in New York and work in Delaware. Which state takes the tax out of my paycheck?
Expect withholding in Delaware and a return in both. New York and Delaware hold no reciprocal agreement, so the overlap is resolved after the fact: Delaware taxes the Delaware-source wages, and your New York resident return claims a credit for that tax against the New York liability on the same income.
Which state should my employer be withholding for?
Delaware. The wages are sourced to Delaware, so Delaware 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 Delaware on the same income, claimed on Form IT-112-R. The credit is capped at the New York tax on that income, so if Delaware taxes it more heavily the excess is not refunded by either state.
How current is this?
The New York and Delaware rules on this page were last checked against New York State Department of Taxation and Finance 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.
- New York State Department of Taxation and Finance — individual income taxaccessed 2026-08-07
- Delaware Division of Revenue — individual income taxaccessed 2026-08-07