Nonresident vs part-year resident
Two distinct filing statuses for non-residents and former residents:
- Nonresident. Domiciled outside Pennsylvania for the entire tax year, and not a statutory PA resident. Pays PA tax only on PA-source income.
- Part-year resident. Was a PA resident for a portion of the tax year and a nonresident for the rest. Files as a resident for the PA-resident period and as a nonresident for the remainder, on a single PA-40.
Domicile vs statutory residence (the 183-day rule)
Pennsylvania residency turns on two independent tests. Meeting either test makes you a PA resident:
- Domicile. Your true, fixed, permanent home — the place you intend to return to when away. Domicile changes only when you both (a) abandon the prior domicile and (b) establish a new permanent home elsewhere with intent to remain.
- Statutory residence. You maintain a permanent abode in PA and spend more than 183 days in PA during the tax year. Meeting both prongs makes you a PA resident regardless of where your domicile is.
Domicile arguments turn on intent and documentation: driver's license, voter registration, vehicle registration, primary banking, where your family lives, where your principal professional activities take place. Statutory residence is more mechanical — count days and check the abode test.
What counts as PA-source income
For a nonresident, PA-source income includes:
- Wages earned for services performed in Pennsylvania.
- Net profits from a business carried on in PA.
- Gain on the sale of PA real property.
- Rental or royalty income from PA real property.
- Income from a PA pass-through entity (partnership, S corporation, LLC) to the extent of PA-source activity.
- PA-source gambling and lottery winnings.
Non-PA-source income — interest, dividends, capital gains on securities, federal pension income — is generally not taxable to a Pennsylvania nonresident.
How to file: PA-40 with apportionment
Both nonresidents and part-year residents file the PA-40, with the apportionment schedule(s) required by the PA-40 instructions for non-resident filers. The PA-40 instructions specify which lines and which schedules require apportionment; tax software and myPATH walk through the apportionment questionnaire when you indicate a non-resident or part-year filing status.
See our PA-40 walkthrough for the general filing flow.
The interaction with reciprocal agreements
If you live in NJ, OH, MD, VA, WV, or IN and your only PA-source income is wages earned in PA, the reciprocal agreement may eliminate the PA-40 filing obligation entirely — your wages are taxed by your home state instead. File REV-419 with your PA employer to stop PA withholding.
If you have non-wage PA-source income on top of reciprocity-covered wages, you still file a PA-40 reporting the non-wage income. See our PA reciprocal income tax agreements guide.
Deductions available to nonresidents
Nonresidents and part-year residents are generally limited to deductions related to PA-source income. Pennsylvania's standard suite of credits — including the Tax Forgiveness Credit on Schedule SP — applies to part-year residents with appropriate proration. The PA-40 instructions detail the apportionment.
Credit for tax paid to PA on your resident return
File the PA-40 first or in parallel so you have the PA tax figure ready when claiming the credit on your home-state return.
Common scenarios — move, telecommute, student
- Mid-year move into PA. Part-year resident. File PA-40 reporting all income from the move date forward as PA resident income, plus any PA-source income before the move.
- Mid-year move out of PA. Part-year resident. Mirror image — PA resident for the pre-move period, nonresident for the rest.
- Full-time telecommuter living in PA for a non-PA employer. PA resident (or domiciliary). All wages are PA taxable, even though the employer is elsewhere.
- Full-time telecommuter living in NJ for a PA employer. Reciprocity covers the wages — file REV-419 with the PA employer; report wages to NJ.
- Out-of-state college student attending school in PA. Domicile typically remains the home state. PA-source wages (campus job, internship in PA) are filed as nonresident; PA treats students as nonresident if domicile is elsewhere.