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K2013
Level 1

Tax reciprocity between Ohio and it's reciprocity with Kentucky and Pennsylvania...need help!

I was a resident in Kentucky from January 2021-May 2021. I recently moved to Pennsylvania June 2021 and will continue to live here. My work is work from home in the state of Ohio. Both Kentucky and Pennsylvania have tax reciprocity with the state of Ohio. To claim tax reciprocity I have to be a full time resident according to the form I filled called Employee’s Withholding Exemption Certificate for the state of Ohio. Since I am part year resident for both Kentucky and Pennsylvania, can I still claim the tax reciprocity? Or did I fill the form wrong? Please help as I cannot find any solution to my question. I don't want to mess up my tax information.

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Accepted Solutions
Hal_Al
Level 15

Tax reciprocity between Ohio and it's reciprocity with Kentucky and Pennsylvania...need help!

You may have to call (or ask question at web site) Ohio Dept of Taxation (ODT) for an answer. I have not seen your situation addressed before.

 

I'm of the opinion (but that's all it is, an opinion) that you still qualify for reciprocity because you were a resident of reciprocal states, all year.  The wording in the instructions is not that you have to be a full year resident of A reciprocal state, but only a full year non resident of OH, and a reciprocal state resident. From page 10 of the instructions:

"A full-year nonresident living in
Indiana, Kentucky, West Virginia, Michigan,
or Pennsylvania does not have to file if the
nonresident's only Ohio-sourced income is
wages".

You were a full year nonresident of Ohio living in KY "and" (not "or") PA.

 

I interpret "My work is work from home in the state of Ohio" to mean you work from home (in KY & PA) for an OH employer.  In that case, the reciprocal issue is moot.  Since you do not physically work in OH, you are not subject to OH income tax, regardless of your home state (reciprocal or not).

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1 Reply
Hal_Al
Level 15

Tax reciprocity between Ohio and it's reciprocity with Kentucky and Pennsylvania...need help!

You may have to call (or ask question at web site) Ohio Dept of Taxation (ODT) for an answer. I have not seen your situation addressed before.

 

I'm of the opinion (but that's all it is, an opinion) that you still qualify for reciprocity because you were a resident of reciprocal states, all year.  The wording in the instructions is not that you have to be a full year resident of A reciprocal state, but only a full year non resident of OH, and a reciprocal state resident. From page 10 of the instructions:

"A full-year nonresident living in
Indiana, Kentucky, West Virginia, Michigan,
or Pennsylvania does not have to file if the
nonresident's only Ohio-sourced income is
wages".

You were a full year nonresident of Ohio living in KY "and" (not "or") PA.

 

I interpret "My work is work from home in the state of Ohio" to mean you work from home (in KY & PA) for an OH employer.  In that case, the reciprocal issue is moot.  Since you do not physically work in OH, you are not subject to OH income tax, regardless of your home state (reciprocal or not).

View solution in original post

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