Live in North Dakota, Work in Virginia: Which State Taxes Your Paycheck?
Answer
Expect withholding in Virginia and a return in both. North Dakota and Virginia hold no reciprocal agreement, so the overlap is resolved after the fact: Virginia taxes the Virginia-source wages, and your North Dakota resident return claims a credit for that tax against the North Dakota liability on the same income.
Last verified
Two states can lawfully tax the same wages: Virginia because the work happened there, North Dakota because you live there. Nothing prevents the overlap in advance — it is unwound afterwards, on the North Dakota return, through the credit for taxes paid to another state.
A North Dakota resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule ND-1CR. The credit is capped at the North Dakota tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.
What you file
- 1Nonresident return · VirginiaForm 763
File the Virginia nonresident return FIRST — you need the Virginia tax figure before you can complete North Dakota.
- 2Resident return · North DakotaSchedule ND-1CR
File a North Dakota resident return reporting all income, then claim the credit for tax paid to Virginia. The credit is capped at what North Dakota would have charged on that same income, so if Virginia taxes it at a higher rate the difference is not refunded.
The two states, side by side
| North Dakota | Virginia | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — graduated |
| Reciprocity partners | 2 (Form NDW-R) | 5 (Form VA-4) |
| Convenience rule | No | No |
| Nonresident return | Form ND-1 with Schedule ND-1NR | Form 763 |
| Credit for other-state tax | Schedule ND-1CR | Schedule OSC |
| Nonresident safe harbour | None published | None published |
| Local income tax | No | No |
| Revenue department | North Dakota Office of State Tax Commissioner | Virginia Department of Taxation |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in Virginia and working in North Dakota 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: North Dakota → VirginiaHome state only
- 1099 contractor: North Dakota → VirginiaHome state, plus the client state if you work there
- Moved mid-year: North Dakota → VirginiaTwo part-year returns
Other North Dakota pairs
Questions people actually ask
I live in North Dakota and work in Virginia. Which state takes the tax out of my paycheck?
Expect withholding in Virginia and a return in both. North Dakota and Virginia hold no reciprocal agreement, so the overlap is resolved after the fact: Virginia taxes the Virginia-source wages, and your North Dakota resident return claims a credit for that tax against the North Dakota liability on the same income.
Which state should my employer be withholding for?
Virginia. The wages are sourced to Virginia, so Virginia withholding is correct and there is no North Dakota 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. North Dakota gives residents a credit for tax paid to Virginia on the same income, claimed on Schedule ND-1CR. The credit is capped at the North Dakota tax on that income, so if Virginia taxes it more heavily the excess is not refunded by either state.
How current is this?
The North Dakota and Virginia rules on this page were last checked against North Dakota Office of State Tax Commissioner and Virginia Department of Taxation 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.
- North Dakota Office of State Tax Commissioner — individual income taxaccessed 2026-08-07
- Virginia Department of Taxation — individual income taxaccessed 2026-08-07
- Virginia — Form VA-4accessed 2026-08-07
- Virginia Tax — Reciprocityaccessed 2026-08-07