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

Both states — credit offsets the double taxNorth Dakota withholds

Answer

Two returns, one credit. North Dakota has the first claim on wages earned inside the state and withholds accordingly. Virginia then taxes you as a resident on everything and gives credit for what North Dakota already took, capped at what Virginia would have charged on that same income.

Last verified

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

A Virginia resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule OSC. The credit is capped at the Virginia 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 Virginia.

  2. 2Resident return · VirginiaSchedule OSC

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

 VirginiaNorth Dakota
Taxes wagesYes — graduatedYes — graduated
Reciprocity partners5 (Form VA-4)2 (Form NDW-R)
Convenience ruleNoNo
Nonresident returnForm 763Form ND-1 with Schedule ND-1NR
Credit for other-state taxSchedule OSCSchedule ND-1CR
Nonresident safe harbourNone publishedNone published
Local income taxNoNo
Revenue departmentVirginia Department 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 Virginia gives:Both states — credit offsets the double tax.

North Dakota to Virginia →

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 Virginia pairs

Questions people actually ask

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

Two returns, one credit. North Dakota has the first claim on wages earned inside the state and withholds accordingly. Virginia then taxes you as a resident on everything and gives credit for what North Dakota already took, capped at what Virginia would have charged on that same income.

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 Virginia 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. Virginia gives residents a credit for tax paid to North Dakota on the same income, claimed on Schedule OSC. The credit is capped at the Virginia 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 Virginia and North Dakota rules on this page were last checked against Virginia Department 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.