DMarkM1
Expert Alumni

State tax filing

This is an old thread but likely both states (MD and CO) taxed the income with a credit for taxes paid to another state on the CO state return. 

 

MD rules say, for non-residents, the income is MD sourced if it is "Derived from a business, trade, profession or occupation carried on in Maryland."   

 

CO, like all resident states with an income tax, taxes income received while a resident in CO.  That sets up the double taxation. 

 

The taxpayer should have filed a part-year return for both states and allocated the income first according to where they were when they received the income, but MD also gets to tax the non-resident MD source income received while in CO (the double taxed portion). 

 

You can then claim a credit for taxes paid to another state on the CO resident return to mitigate the double taxation.  

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