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Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

I have no tax refund in D.C.. Do I still need to file the return for D.C.? Thank you!
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IreneS
Intuit Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

No. The only reason to file a DC return is to get back any DC withholding.

DC and MD have a reciprocity agreement--an agreement between two states that allows residents of one state to request exemption from tax withholding in the other (reciprocal) state. This can save you the trouble of having to file multiple state returns. 

Since you have no DC taxes withheld, file only your MD resident return.
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6 Replies
IreneS
Intuit Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

No. The only reason to file a DC return is to get back any DC withholding.

DC and MD have a reciprocity agreement--an agreement between two states that allows residents of one state to request exemption from tax withholding in the other (reciprocal) state. This can save you the trouble of having to file multiple state returns. 

Since you have no DC taxes withheld, file only your MD resident return.
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Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

I'm  a nonresident alien arriving here 9/2020 on an F-1 Visa, renting in Maryland.  For 2020, I qualify as a nonresident in Maryland under the 183 day rule and I'm leaving the country in May 2021, so I'll also be a nonresident for Maryland in 2021 too.  My only source of income is wages earned in DC working at a DC employer.  Are these wages from "Maryland sources" that I have to report on the Maryland Form 505?  If yes, is it because of the reciprocity between MD & DC?  Or can I exclude the wages and not file in Maryland at all?

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

so if I did have DC state taxes withheld than I should file in Dc and Maryland?

DanielV01
Expert Alumni

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

Yes, you will file both returns based on the facts you present.  If you were not a resident of DC, you will have to file a DC nonresident request for a refund to get these mistaken withholdings returned to you.  DC only taxes residents of DC (and DC is not a state).  However, all of this income will be taxed to your home state of Maryland, which will also require you to file a Maryland resident return.  And, unless you also had MD taxes withheld by your employer, you will "rob Peter to pay Paul":  get back the DC refund to pay Maryland taxes.  You also want to advise your employer to begin withholding the proper Maryland taxes and stop withholding DC taxes.

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Kedo72
New Member

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

What if i am an LLC that is registered in the District of Columbia, working in the District of Columbia, but using a Maryland address for the LLC ?

Does tha same reciprocity agreement still exist ?

JosephS1
Expert Alumni

Do I need to file both D.C and Maryland tax return if I live in Maryland while work in D.C.?

Yes, it does appear the income allocated from the LLC allows for the reciprocity agreement.  If you are a single-member LLC (SMLLC) the IRS classifies you as a disregarded entity and all income and expenses are made on Federal Form Schedule C as part of your return.

 

Keep in mind, however, that DC has a filing requirement for LLC's.  The following are extracts from nolo.com, the legal encyclopedia:

 

Limited Liability Companies (LLCs). Standard LLCs are pass-through entities. In most states, LLCs are not required to pay income tax to either the federal or state government. In DC, however, LLCs are subject to the District's unincorporated franchise tax. In addition, income from the LLC is distributed to individual members, who then pay federal and state taxes on the amounts allocated to them.

Also note that while, by default, LLCs are classified for tax purposes as partnerships (or, for single-member LLCs, disregarded entities), it is possible to elect to have your LLC classified as a corporation. In that case, the LLC would also be subject to District of Columbia's corporate franchise tax.

 

Biennial Report

The District of Columbia requires you to file a biennial report for your LLC. The first biennial report is due April 1 of the calendar following the year in which you formed your LLC. Subsequent biennial reports are due on April 1 each second calendar year thereafter. You can file your biennial report online at the DCRA website or in person at the Business License Center. The current filing fee is $300. There is a $100 penalty for reports filed late. Reports filed in person incur an additional expedited processing fee.

State Business Taxes

When it comes to income taxes, most LLCs are so-called pass-through tax entities. In other words, the responsibility for paying federal income taxes passes through the LLC itself and falls on the individual LLC members. By default, LLCs themselves do not pay federal income taxes, only their members do.

The District of Columbia, however, imposes a separate franchise tax on some LLCs. Generally speaking, the tax applies to unincorporated businesses with gross income of more than $12,000 from D.C. sources and that are not otherwise exempt. The tax is usually calculated at a flat rate of taxable income. There is also a $250 minimum franchise tax. The tax is payable to the Office of Tax and Revenue (OTR) using Form D-30. If your tax year matches the calendar year, the tax is due on April 15. For more information, check the OTR website.

In some cases, the owners of an LLC choose to have their business treated like a corporation for tax purposes. This choice is made by filing IRS Form 2553 with the IRS. (See the IRS website for the form.) Unlike the default pass-through tax situation, when an LLC elects to be taxed as a corporation, the company itself must file a separate tax return. The District of Columbia, like almost every other state, taxes corporation income. In the District of Columbia, this occurs via the business franchise tax and using a small series of marginal tax rates applied to taxable income. If you have chosen to have your LLC taxed as a corporation you'll need to pay this tax. Use the OTR's corporation franchise tax return (Form D-20) to pay the tax. For more details, including regarding online filing, check the OTR website.

 

@Kedo72  

 

 

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