Virginia Tax Reciprocity: States with Agreements and How to Claim Exemptions

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Sep 2, 2025
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Introduction

State income tax reciprocity agreements are designed to simplify tax obligations for individuals who live in one state and work in another. These agreements prevent double taxation on wage and salary income by allowing residents to pay income taxes only in their home state.

For residents of Virginia and its neighboring states, understanding these agreements is essential. Whether you're commuting daily across state lines or managing a workforce that does, knowing which states have reciprocal arrangements and how to comply with them can save time, money, and avoid tax filing errors.

Virginia’s Reciprocal States

Virginia has entered into tax reciprocity agreements with five neighboring jurisdictions:

  • District of Columbia
  • Kentucky
  • Maryland
  • Pennsylvania
  • West Virginia

These agreements are designed to simplify income tax obligations for individuals who live in one of these states but earn wages or salary in the other. Under these arrangements, residents are taxed only by their state of residence on wage and salary income, even if that income is earned across state lines.

For example, a Virginia resident working in Maryland can request to be exempt from Maryland income tax withholding. Instead, they will only need to pay Virginia income tax, avoiding the complexity of dual state tax filings and potential double taxation.

Limitations of Reciprocity Agreements

It’s important to understand that these agreements are limited in scope. They apply only to wage and salary income—typically the earnings reported on a W-2 form. Other types of income are not covered, including:

  • Self-employment or business income
  • Rental or real estate income
  • Capital gains and investment earnings
  • Unemployment compensation
  • Partnership and S corporation distributions

If you earn these types of income from a reciprocal state, you may still be subject to nonresident tax filing requirements in that state. Always consult a tax professional if you receive non-wage income from outside Virginia.

Eligibility and Conditions

To benefit from Virginia’s tax reciprocity agreements, individuals must meet specific residency and income criteria. These rules ensure that only eligible taxpayers avoid double taxation on wages and salary income earned across state lines.

For Virginia Residents Working in a Reciprocal State

If you live in Virginia and commute to work in one of the reciprocal states (DC, KY, MD, PA, or WV), you may be exempt from paying state income tax in the work state—but only if you meet all of the following conditions:

  • You must be a full-year resident of Virginia: You must maintain your permanent legal residence in Virginia for the entire tax year.
  • Your income must come solely from wages or salaries: Other types of income—such as consulting fees, business profits, or rental earnings—do not qualify and may still be taxable in the state where they are earned.
  • You must not establish residency or maintain a permanent place of abode in the reciprocal state: The key is to ensure that your primary residence remains in Virginia and that your presence in the reciprocal state is strictly for employment purposes.

For Reciprocal State Residents Working in Virginia

If you reside in the District of Columbia, Kentucky, Maryland, Pennsylvania, or West Virginia and work in Virginia, you may avoid Virginia state income tax withholding by meeting the following criteria:

  • You must be a legal resident of a reciprocal state: Your permanent home must be in DC, KY, MD, PA, or WV. This is usually evidenced by where you are registered to vote, your driver's license, and the location of your primary residence.
  • Your income must come exclusively from wages or salaries earned in Virginia: Like Virginia residents, you must be an employee earning regular compensation. Independent contractors, business owners, and others with non-wage income are not eligible for reciprocity.
  • You must not establish residency or maintain a permanent residence in Virginia: The goal of the agreement is to provide relief for true cross-border commuters, not individuals who split their time or live in both states.

Claiming Exemption from Withholding

If you qualify for tax reciprocity under Virginia’s agreements with neighboring states, you can avoid income tax withholding in the state where you work by filing the appropriate exemption form with your employer. This step is essential to ensure that taxes are withheld only by your state of residence, helping you avoid filing unnecessary nonresident returns or seeking refunds later.

How It Works

When you start a job in a reciprocal state—or if your circumstances change (such as a move or a change in tax residency)—you should notify your employer by submitting the proper exemption form. This form tells your employer that you are not subject to the state income tax of your work location because you are a resident of a reciprocal state.

Once the form is on file, your employer will withhold only Virginia income tax (or your state of residence's tax) from your paychecks, not the tax from the work state.

Required Exemption Forms by State

To claim exemption from withholding in a reciprocal state, use the following forms:

  • District of Columbia: Form D-4A – Certificate of Nonresidence in the District of Columbia
  • Kentucky: Form 42A809 – Employee’s Withholding Exemption Certificate
  • Maryland: Form MW507 – Employee’s Maryland Withholding Exemption Certificate (Check box 4)
  • Pennsylvania: Form REV-419 – Employee’s Nonwithholding Application Certificate
  • West Virginia: Form WV/IT-104 – West Virginia Exemption for Reciprocal States

Tip: Each form is slightly different, so it’s important to read the instructions carefully. Some forms require you to affirm your state of residence, while others require you to specifically cite the reciprocity agreement.

When to Submit the Forms

  • At the start of new employment in a reciprocal state.
  • Whenever your residency status changes—such as moving from one state to another.
  • At the beginning of each tax year, if required by the state (some employers or states may request a new form annually).

Why It Matters

Failing to submit the correct exemption form can lead to:

  • Unnecessary withholding of income tax in the state where you work.
  • The need to file a nonresident tax return in the work state to claim a refund.
  • Delayed refunds and extra paperwork during tax season.

For peace of mind and efficient tax compliance, make sure your employer has the correct form on file as soon as you begin working in a reciprocal state.

Filing Requirements

Virginia Residents Working in Reciprocal States

  • Must file a Virginia resident income tax return (Form 760).
  • Do not need to file a return in the reciprocal state if your only income from that state is wages or salary.

Residents of Reciprocal States Working in Virginia

  • Must file a resident tax return in their home state.
  • Do not need to file a Virginia return if they earned only wage income from a Virginia employer.

FAQs

What are Virginia’s reciprocal tax states?

Virginia has tax reciprocity agreements with the District of Columbia, Kentucky, Maryland, Pennsylvania, and West Virginia.

How do I claim exemption from withholding in a reciprocal state?

Submit the appropriate exemption form to your employer in the work state (see Section 4 for forms). This prevents that state from withholding income tax.

Do I need to file a tax return in both states?

Typically no, if you're eligible under the reciprocity agreement and only have wage income. File in your home state only.

What types of income are covered under reciprocity agreements?

Only wage and salary income is covered. Other income types like self-employment, rental, or capital gains are not included.

What happens if my employer withholds tax in the work state by mistake?

You’ll need to file a nonresident return in that state to claim a refund, and still file your resident return in your home state.

Conclusion

Understanding Virginia’s tax reciprocity agreements can help residents and employers simplify cross-border employment tax issues. By meeting eligibility requirements and filing the appropriate exemption forms, you can avoid unnecessary withholding and ensure compliance with both states’ tax laws.

Whether you're an individual commuter, a multi-state employer, or a tax professional, being informed about these agreements will ensure proper tax handling and peace of mind during tax season.

Make cross-border taxes simple—contact Watter CPA today for expert help with Virginia reciprocity agreements and multi-state tax filings.