Live in West Virginia, Work in California: Which State Taxes Your Paycheck?
Answer
California withholds and West Virginia credits. Without an agreement between them, both states are entitled to tax income earned in California by a West Virginia resident. The mechanism that stops you paying twice is the credit on the West Virginia resident return, which is why the California return has to be completed first.
Last verified
Two states can lawfully tax the same wages: California because the work happened there, West Virginia because you live there. Nothing prevents the overlap in advance — it is unwound afterwards, on the West Virginia return, through the credit for taxes paid to another state.
A West Virginia resident taxed by another state on the same income claims the credit for taxes paid to other states on Schedule E (Form IT-140). The credit is capped at the West 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
- 1Nonresident return · CaliforniaForm 540NR
File the California nonresident return FIRST — you need the California tax figure before you can complete West Virginia.
- 2Resident return · West VirginiaSchedule E (Form IT-140)
File a West Virginia resident return reporting all income, then claim the credit for tax paid to California. The credit is capped at what West Virginia would have charged on that same income, so if California taxes it at a higher rate the difference is not refunded.
The two states, side by side
| West Virginia | California | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — graduated |
| Reciprocity partners | 5 (Form WV/IT-104) | None |
| Convenience rule | No | No |
| Nonresident return | Form IT-140 with Schedule A | Form 540NR |
| Credit for other-state tax | Schedule E (Form IT-140) | Schedule S |
| Nonresident safe harbour | None published | None published |
| Local income tax | Yes | No |
| Revenue department | West Virginia Tax Division | California Franchise Tax Board |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in California and working in West Virginia 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: West Virginia → CaliforniaHome state only
- 1099 contractor: West Virginia → CaliforniaHome state, plus the client state if you work there
- Moved mid-year: West Virginia → CaliforniaTwo part-year returns
Other West Virginia pairs
Questions people actually ask
I live in West Virginia and work in California. Which state takes the tax out of my paycheck?
California withholds and West Virginia credits. Without an agreement between them, both states are entitled to tax income earned in California by a West Virginia resident. The mechanism that stops you paying twice is the credit on the West Virginia resident return, which is why the California return has to be completed first.
Which state should my employer be withholding for?
California. The wages are sourced to California, so California withholding is correct and there is no West 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. West Virginia gives residents a credit for tax paid to California on the same income, claimed on Schedule E (Form IT-140). The credit is capped at the West Virginia tax on that income, so if California taxes it more heavily the excess is not refunded by either state.
How current is this?
The West Virginia and California rules on this page were last checked against West Virginia Tax Division and California Franchise Tax Board 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.
- West Virginia Tax Division — individual income taxaccessed 2026-08-07
- California Franchise Tax Board — individual income taxaccessed 2026-08-07