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Level 1
September 14, 2019
Question

Working in a different state

  • September 14, 2019
  • 2 replies
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Hi, I just started working in a company located in PA but I live in MD, I’m working from home. I just received my first paycheck and they are taking my federal taxes, PA state taxes and Lower Merion TWS taxes, what’s going to happen with my Maryland taxes and Montgomery County taxes??? Am I going to have to pay them too??

    2 replies

    Critter
    Level 15
    September 14, 2019
    Your employer should have talked to you about this already ... a form REV-419 should have been filled out ... talk to the employer asap to get this corrected quickly...

    https://ttlc.intuit.com/community/state-taxes/help/which-states-have-reciprocal-agreements/00/25576
    Alumni - Champ
    September 15, 2019

    ALL your income is taxable by your home state of MD.  Submitting Form REV-419 to your PA employer as described by @Critter should cause them to cease withholding PA taxes (and hopefully to start withholding MD taxes).

    If no MD taxes have been withheld for you this year, and/or if your employer cannot or will not withhold MD taxes, you should consider making quarterly estimated tax payments to MD.   Here's a link to MD's page on estimated taxes:  https://taxes.marylandtaxes.gov/Individual_Taxes/Individual_Tax_Types/Income_Tax/Payment_Information/Estimated_Tax_Payments/

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    Hal_Al
    Level 15
    Level 15
    September 15, 2019

    The answers provided by  Critter and TomD8 are basically & usually correct. 

     

    But PA has a special rule on out-of-state telecommuters.  So, don't be surprised if your employer says he can't change it. If you work outside the state as a job requirement, you are only subject to PA State income tax on the days you work in PA. But if you work outside PA for your own convenience, you are subject to PA State & local income (Lower Merion TWS) tax on all your PA income. New York, Nebraska, Delaware and New Jersey have the same rule. For guidance see: http://www.journalofaccountancy.com/issues/2009/jun/20091371.html

     

    If your are subject to PA taxes, you still have to file the income on your MD return, but MD will give you a credit for what you pay PA

    Alumni - Champ
    September 16, 2019

    @Hal_Al  is correct.  If you want to read PA's official rule on this, scroll down to the section headed "The Convenience of the Employer Doctrine" on this website:  https://www.revenue.pa.gov/FormsandPublications/PAPersonalIncomeTaxGuide/Pages/Gross-Compensation.aspx#Nonres-AllocPAComp

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.