Need to Know Tax Income Tax 2026 · Federal & District of Columbia

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Moving to the District of Columbia

The District cannot tax anyone who does not live in it, so the only question that matters is whether you were a resident, and for how long. The two residency tests, the part-year D-40 and its Line 8 subtraction, what Maryland and Virginia commuters do about DC withholding, remote work across the line, the credit for tax paid to another state, and the checklist for the year you move.

Charles Trautman, EA

By Charles Trautman, EA, editor

Need to Know Tax  ·  written from DC Office of Tax and Revenue (OTR), Office of the Chief Financial Officer sources, November 3, 2026; updated November 12, 2026 after the election  ·  not yet reviewed by a District of Columbia practitioner

An income tax can reach two kinds of people: the ones who live in the taxing jurisdiction and the ones who earn money there. The District of Columbia reaches only the first. Under the Home Rule Act the Council may not tax the income of people who live outside the District, so a Maryland or Virginia resident who works downtown owes DC nothing and files no DC return, and a District resident who works in Maryland or Virginia owes those states nothing on wages and pays DC on everything. That makes residency the entire question. You are a District resident for the year if you were domiciled in DC at any time during it, or if you kept a place of abode in DC for 183 days or more even while your permanent home was somewhere else. Move in or out during the year and you file a part-year D-40, reporting the whole year’s federal AGI and then subtracting on Line 8 the income you received while you were not a resident.

Because there is no DC return for nonresidents, there is no DC tax on a nonresident’s DC-source income of any kind: not wages, not a business run from a DC office, not rent from a DC rowhouse, not the gain on selling it. The Office of Tax and Revenue (OTR) says so in its own FAQs, where a Virginia resident who sold a DC condominium is told to report the gain to Virginia, not the District. The day you become a resident, all of your income becomes DC income, taxed at rates that reach 8.5% at $60,000 of taxable income. The day you stop, none of it is.

Just moved to the District of Columbia? Start here

  • The District cannot tax anyone who does not live in it, so the question is whether you were a resident, and for how long. There are two tests.
  • The move year goes on a part-year D-40 with a Line 8 subtraction.
  • Maryland and Virginia commuters have their own rules for DC withholding.

The detail on each point is below, along with the rules for leaving the District of Columbia.

The two tests

Domicile. Your domicile is the one place you treat as your permanent home, the place you intend to return to when you are away. You have only one at a time, and it does not change until you abandon it and establish a new one. A person domiciled in the District at any time during the year is a resident for that part of the year, however few days they spent here; someone posted abroad for two years who keeps a DC domicile still files the D-40 on worldwide income.

The 183-day test. A person who is domiciled somewhere else but “maintains a place of abode within the District for an aggregate of 183 days or more” during the year is taxed as a resident anyway, a statutory resident. OTR’s guidance counts every day the abode is maintained, including days of temporary absence, toward the 183. So the test is not how many nights you slept in DC; it is how many days you kept the apartment. A consultant domiciled in another state who leases a DC apartment from March through December, and goes home most weekends, has maintained an abode for more than 183 days and is a District resident for the whole of that period.

The District carves out one group from the 183-day rule. Members of Congress and their staff, Executive Branch appointees and Supreme Court justices who are not domiciled in the District do not become residents by living here, and the 2025 D-40 booklet says they need not file. Everyone else who keeps a DC abode for 183 days does. The same booklet requires a return from a member of the armed forces whose legal residence for tax purposes is DC, wherever stationed; a service member domiciled elsewhere and stationed here is not a resident.

Who is a District resident
SituationDC statusWhat to file
Domiciled in DC all yearFull-year residentD-40 on all income
Domiciled elsewhere; kept a DC abode 183 days or moreStatutory residentD-40 on all income for the period
Moved into or out of DC during the yearPart-year residentD-40 with the Line 8 subtraction
Lives in Maryland, Virginia or anywhere else; works in DCNonresidentNo DC return; Form D-4A to the employer; Form D-40B only to recover tax withheld in error
Member of Congress, congressional staff, Executive appointee or justice domiciled elsewhereNonresident, even with a DC abodeNo DC return
Service member stationed in DC, legal residence elsewhereNonresidentNo DC return; the spouse may claim the same status

The District has no reciprocity agreements, because it needs none: it does not tax any nonresident’s wages to begin with.

The part-year return

A part-year resident files the ordinary D-40 and checks the part-year oval in the filing status section. Line 4 is still federal AGI for the whole year. The nonresident period comes out on Line 8, “income received during period of nonresidence,” and any federal adjustments that belong to that period are added back on Schedule I, Calculation A, Line 1, so the District does not give a deduction for an IRA contribution or student-loan interest that belonged to the months you lived elsewhere. What is left after the other subtractions is DC adjusted gross income for the resident period only.

Income is assigned to a period by when it was received, not when it was earned. A paycheck dated after the move is DC income even if it covers work done before; a bonus paid in February for last year’s work is DC income if you lived here in February. Your W-2 will not do this split for you, and it will do it wrong if payroll was never told about the move. Keep the pay stubs.

The standard deduction is prorated for the resident period, and so are certain credits; OTR’s filing FAQ names the child care credit, the earned income credit and the Keep Child Care Affordable credit (the former Early Learning Tax Credit). The child care credit for part-year residents is figured on Form D-2441. The DC College Savings Plan subtraction has its own part-year instructions on Schedule I. The precise proration method, whether by days or by months, is in Calculation D of the D-40 booklet, and the 2026 figures that go into it are not yet published, so the worked example below prorates by the half-year and marks the method.

Married couples have a rule of their own. To file jointly in DC, both spouses must have been District residents on December 31. If you and your spouse were part-year residents during different periods, you must file separately, on separate returns; the “separately on the same return” option is not available. A spouse who stayed behind to sell the house while the other started work in DC in January is the common case, and it means two returns that year.

Worked example: a couple moves to the District on July 1

Married, both under 65, no children. They moved from another state on July 1, 2026 and both were DC residents on December 31, so they file jointly. Combined wages of $120,000, paid evenly through the year, so $60,000 was received before the move and $60,000 after. Interest of $1,000, half in each period. They take the federal standard deduction, so they take DC’s, prorated. The 2026 DC standard deduction is to come; the 2025 joint figure of $30,000 is used, prorated for six months (verify method). DC withholding since July of $2,800.

Federal AGI (D-40 Line 4)$121,000
Line 8: income received while nonresident ($60,000 wages, $500 interest)−$60,500
DC adjusted gross income (Line 16)$60,500
DC standard deduction, joint, prorated 6/12 of $30,000 (2025 figure)−$15,000
DC taxable income (Line 19)$45,500
Tax: $2,200 on the first $40,000, plus 6.5% of $5,500$2,558
DC tax (no credits)$2,558
Withholding−$2,800
Refund$242

The former state gets a part-year return for January through June on the other $60,500, under its own rules. Had the couple moved on December 15 instead, the whole year’s standard deduction would shrink to a sliver and the DC tax on two weeks of pay would be small; had they arrived in January, the full $30,000 deduction and the whole $121,000 would be in play, for taxable income of $91,000 and tax of $6,135.

Commuters: Maryland and Virginia residents who work in DC

If you live outside the District and work in it, you owe DC no income tax and file no DC return. Your home state taxes the wages. The only thing to get right is withholding. Give your employer Form D-4A, Certificate of Nonresidence in the District of Columbia, on which you certify that your permanent residence is outside DC and that you will not reside in DC for 183 days or more in the year; the employer then withholds nothing for the District. Give the employer your home state’s certificate at the same time.

If DC tax was withheld anyway, you recover it with Form D-40B, Nonresident Request for Refund. Attach every W-2 or 1099 showing DC withholding to the front of it, plus a copy of the return you filed with your home state; if that state has no income tax, a state-issued ID and proof of residency take its place. OTR warns that a D-40B without the attachments will not be processed. Each spouse files a separate D-40B; there is no joint request. Beginning with tax year 2025 it can be filed electronically through MyTax.DC.gov, which is faster than the paper route to P.O. Box 96147.

A nonresident military spouse who works in DC uses the same two forms and attaches the service member’s DD Form 2058 and a military ID to the D-40B.

District residents who work in Maryland or Virginia

The arrangement runs the other way too. A District resident who commutes to an office in Bethesda or Arlington files only the D-40 and pays only DC on the wages; you file the exemption certificate each of those states provides with your employer so that no Maryland or Virginia tax is withheld. OTR’s FAQ adds the warning that matters: an employer outside the District “may not withhold DC tax.” Many will if asked, on Form D-4. If yours will not, the whole year’s DC tax falls on estimated payments on Form D-40ES, with interest at 10% a year, compounded daily, on any installment that falls short. Settle this in the first month, not at filing time.

Remote work across the line

The District has no “convenience of the employer” rule and no nonresident return, so remote work is simple from the DC side. A Maryland or Virginia resident who works from home for a DC employer owes DC nothing; the employer should have a Form D-4A on file. A District resident who works from a DC apartment for an employer in another state owes DC on all of it; whether the other state also taxes the wages depends on that state’s rules. When it does, the District allows a credit, described next.

The credit for tax paid to another state

Schedule U, Part 1a, Line 1 is “state individual income tax credit,” with room for four states and a sheet for more, and the 2025 D-40 booklet asks for a copy of the other state’s return to be attached. The credit is for income tax paid to another state on income the District also taxes, and it is limited to the DC tax on that same income, so it can wipe out the double tax but never produce a refund of DC tax on other income. The exact scope, which income and which states qualify, is in the Schedule U instructions and should be checked for your situation.

The credit rarely arises for a commuter, since Maryland and Virginia do not tax a DC resident’s wages. It arises for the District resident with a rental property in another state, a share of a partnership or S corporation that files in several states, or wages taxed by a state that applies its own convenience-of-the-employer rule to remote workers.

Retirement income and the move

A pension earned elsewhere becomes DC income the day its recipient becomes a District resident, and the District taxes pensions, IRA withdrawals and Roth conversions in full; only Social Security is subtracted. A retiree leaving the District stops paying DC on all of it the day residency ends. Each payment belongs to the period in which it was received, so the timing of a large withdrawal or a Roth conversion around a move is worth planning. See The District of Columbia for retirees.

The year you move: what to do

Behind the scenes: why the District cannot tax commuters

A large share of the wages earned at jobs inside the District go home each evening to Maryland and Virginia, and the District cannot tax any of them. The reason is the District of Columbia Home Rule Act of 1973, the federal law that created the elected Council and Mayor. Among the limits it placed on the Council’s power is a bar on imposing any tax on the personal income of individuals who are not residents of the District. Congress wrote it, Congress alone can repeal it, and the delegations from Maryland and Virginia have made sure it stays. Successive mayors have asked for a commuter tax and have gotten nowhere.

The consequences fall on District residents, whose brackets reflect it. It also explains why the District has no nonresident return, no reciprocity agreements and no convenience-of-the-employer rule: none of those tools is worth anything to a government forbidden to tax the people they are aimed at.

What to bring

  • The date you moved, with the lease or closing statement and the moving invoice
  • Every W-2, with pay stubs showing wages and withholding by pay date, so income can be split at the move
  • 1099-INT, 1099-DIV, 1099-B and 1099-R forms, with dates of payment or sale
  • Your federal return as filed, and the other state’s part-year or resident return
  • If DC tax was withheld from a nonresident: the W-2s showing it and a copy of your home-state return, for Form D-40B
  • If you kept a second home: a calendar of the days the DC abode was maintained
  • Military: the service member’s DD Form 2058 and a military ID, for a spouse’s D-40B
  • DC estimated payments made, with dates

Questions people ask

I live in Maryland and work in the District. Do I file a DC return?

No. The District cannot tax nonresidents. Give your employer Form D-4A so that no DC tax is withheld. If some was withheld anyway, file Form D-40B with your W-2s and a copy of your Maryland return to get it back.

I live in the District and work in Virginia. Which state do I pay?

Only DC. File Virginia’s exemption certificate with your employer so Virginia withholds nothing, and ask the employer to withhold DC tax on Form D-4. If it will not, make DC estimated payments; an out-of-state employer is not required to withhold for the District.

I moved to DC in August. Do I report my whole year’s income?

You start from your full-year federal AGI on Line 4, then subtract on Line 8 everything you received before you became a resident. Your standard deduction and some credits are prorated for the months you lived here. The former state gets its own part-year return for January through July.

I kept my condo in DC after I moved to Florida. Am I still a DC resident?

Not because of the condo alone. If your domicile moved and you did not maintain a DC abode for 183 days or more in the year, you are a nonresident, and the District cannot tax your income, including rent from the condo or the gain when you sell it. The risk is the year of the move: a condo kept for 183 days of that year makes you a statutory resident for it.

My spouse moved to DC in March and I followed in September. Can we file jointly?

Not for that year. Spouses who were part-year residents during different periods must file separately, on separate D-40s, not on the same return. The following year, with both of you resident on December 31, you may file jointly.

Settle where you live; the rest follows

Nonresidents owe the District nothing and file nothing but a D-4A. Residents owe it on everything. In the year you move, fix the date, split the income at it, and file the D-4 or D-4A the same week.

Written by Charles Trautman, EA, editor  ·  Need to Know Tax, Lone Tree, Colorado

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Sources and where to check

Updated November 12, 2026, after the November 3 election · tax year 2026 figures · awaiting review by a District of Columbia practitioner