capital gain to non resident state

[wwjd]

I have a MD resident client who sold  company stock share which was located in GA.

Do I have to file GA nonresident tax return for the capital gain? or file it as MD income?

[dsocpa]

My understanding is that passive income is attributed to the shareholder's resident state.

[qbteachmt · Accepted solution]

It will matter if the stock was part of their compensation for working at or for that GA company, or is that a regular market-type investment?

Here are a couple of references:

https://www.financialplanningassociation.org/learning/publications/journal/OCT22-state-income-taxati...

https://ttlc.intuit.com/community/taxes/discussion/ga-rsus-taxation-if-granted-during-in-ga-and-taxp...