Reciprocity Agreements between Multiple States
Employees who reside in one state but work in another can create withholding questions for payroll departments. The following chart illustrates the different state taxation and withholding rules applicable to such multistate taxation situations. In general, when an employee's state of residence differs from the state where the individual works, the employer must withhold taxes for the state where the services are performed. However, while an employer generally should first consider the withholding requirements for the state in which the work is performed, it also should check the rules for the employee's state of residence, which may impose additional withholding responsibilities on the employer.
The chart below covers the general multi-state withholding rules issued by the states. The main categories included in the chart are:
► Withholding for Nonresidents — Individuals who reside in one state and work in another normally are subject to the withholding rules of the state in which they perform their duties or render services. Employees working in more than one state may be subject to allocation rules that divide up the withholding obligations or requirements among the states in which the work is performed.
► Residents Working outside the State — Most states have a general rule requiring that income taxes be withheld from residents' wages earned outside the state. However, most states also have some type of arrangement — e.g., reciprocal agreements with neighboring states or unilateral tax credits for taxes paid in another jurisdiction — designed to avoid double withholding and double taxation.
► Reciprocity — A number of states have entered into reciprocal agreements with other states to ensure that employees who work and reside in different states are not subject to multiple withholding or taxation. Reciprocal agreements typically specify that employers should withhold income taxes on a nonresident employee's wages only for the worker's home state and that such employees' wages are not subject to the income tax rules of the state in which the wages were earned.
► Severance Payments to Nonresidents— A number of states tax severance payments made to persons living in a different state which were earned while the individual worked in the taxing state.
The definitions of “resident” and “nonresident” usually are set forth in each state's income tax laws or regulations. While the state definitions of resident status vary, most states treat individuals as residents if they maintain a place of abode or live in the state for a certain period of time — e.g., over half the tax year. When using the comparison chart below, you may want to consult the individual state guidelines for determining residency status, and these are contained in the digests of state and local withholding requirements.
The state and local withholding requirements for interstate transportation workers are governed by special federal rules, and these rules are not covered in this chart. For information on the withholding and requirements applicable to interstate transportation employees.
State |
Requirements and Provisions |
Alabama |
Withholding for Nonresidents — Employers must withhold Alabama income tax from workers who earn wages in Alabama, regardless of the residency status of the employee. For a nonresident performing services within and outside of Alabama, the employer withholds only on the portion of wages attributable to employment in Alabama. Reciprocity — None. Severance Payments to Nonresidents (Services Performed In–State) —Taxable. |
Alaska |
Alaska has no state personal income tax law. |
Arizona |
Withholding for Nonresidents — Arizona income tax must be withheld from the wages of nonresident employees performing services within the state. For those nonresident employees who perform services inside and outside of Arizona, only the wages earned within the state are subject to withholding. Allocation is based on the percentage of time spent working in Arizona compared with the total amount of working time both within and outside of the state. For compensation based on sales volume, a similar apportionment is done. Nonresidents who work for individuals or corporations with property and payroll in-state and who are physically present in-state for less than 60 days are exempt from withholding. |
Arkansas |
Withholding for Nonresidents — All employers must withhold Arkansas income tax for wages paid within the state, even if the employer itself does not reside in Arkansas and is not subject to state income tax. For nonresidents performing services inside and outside of the state, only wages earned in the state are subject to withholding. |
California |
Withholding for Nonresidents — Employers within the state must withhold income tax from wages of nonresidents for services performed in the state. If a nonresident performs services inside and outside of the state of California, only wages earned within California are subject to California withholding. The amount of wages attributable to services performed in California is that portion of the total compensation which the total number of working days within the state bears to the total number of working days inside and outside of the state. |
Colorado |
Withholding for Nonresidents — Employers must withhold Colorado income tax from nonresidents for wages earned in the state. Employers situated outside the state must withhold income taxes upon the wages, commissions, or other pay to an employee for work in Colorado even if the employee is a nonresident and working time in the state is of short duration. Employer may apply for a release from withholding to the Director of Revenue for activities of extremely short duration. Employers must withhold for all services performed within Colorado, and the method of allocation must be approved by the Director of Revenue. |
Connecticut |
Withholding for Nonresidents — Employers must withhold Connecticut income tax from wages earned by nonresidents within the state. Any employer for federal income tax purposes who maintains an office or transacts business within the state must withhold Connecticut income tax whether or not the payroll department is located within the state. |
Delaware |
Withholding for Nonresidents — Employers must withhold income tax from wages earned by nonresidents for services performed in Delaware. Nonresidents working inside and outside Delaware can use Form W-4NR, Delaware Non-Resident Withholding Computation Worksheet, to estimate their annual Delaware liability and to determine the amount that needs to be withheld each pay period. |
District of Columbia |
Withholding for Nonresidents — There is no provision requiring District income tax to be withheld from the wages of nonresidents working in the District. The employer must ascertain the residency of the employee. Nonresidents should file Form D-4A, Certificate of Nonresidence in the District of Columbia, with their employers. |
Florida |
Florida has no state personal income tax law. |
Georgia |
Withholding for Nonresidents — Nonresidents are subject to Georgia tax if they work in Georgia for more than 23 days in a calendar quarter, can attribute more than 5 percent of their wages to Georgia, or can attribute more than $5,000 of their wages to Georgia. |
Hawaii |
Withholding for Nonresidents — Hawaii income tax withholding is required for nonresidents when income is received or derived from any source within the state. Withholding is also required on all wages for services performed outside the state if the services are performed by a nonresident employee whose regular place of employment is within the state, or if the wages are paid out of an office in the state, except for nonresident employees who have furnished a statement of nonresidence (Form HW-6). Withholding is not required for a nonresident temporarily performing services in the state if: the employee is paid for services within the state from an office outside the state of Hawaii; the regular place of employment is not in Hawaii; and the employee is expected to be working in the state less than 60 days. |
Idaho |
Withholding for Nonresidents — Employers are required to withhold Idaho income tax from wages earned when nonresidents perform services within the state, if the nonresidents earn more than $1,000 in a year. Compensation paid to nonresident officers and directors of corporations who perform services in Idaho is subject to state withholding. If the nonresident works inside and outside the state, withholding applies to amounts earned in the state. Nonresidents and part-year residents who are liable for income taxes in their states of residence for income earned in Idaho are not allowed credit of income tax amounts paid to the states where they reside. |
Illinois |
Withholding for Nonresidents — Nonresidents are only subject to withholding for wages earned within the state. There are no guidelines for the allocation of wages attributable to work performed within the state. Employers maintaining an office or transacting business in Illinois must withhold Illinois income tax from all compensation considered to be paid in Illinois to individuals for services: performed entirely inside Illinois; performed both inside and outside Illinois, but the outside services are incidental to services performed in Illinois; or partly performed inside Illinois and either the base of operations or place of control is in Illinois. Generally, resident and nonresident employees must have Illinois income tax withheld to the extent that they receive the compensation for services performed in Illinois, unless the worker resides in a state covered under a reciprocal withholding agreement. |
Indiana |
Withholding for Nonresidents — Nonresidents are only subject to withholding for wages earned within the state. There are no guidelines for the allocation of wages attributable to work performed within the state. Employers maintaining an office or transacting business in Illinois must withhold Illinois income tax from all compensation considered to be paid in Illinois to individuals for services: performed entirely inside Illinois; performed both inside and outside Illinois, but the outside services are incidental to services performed in Illinois; or partly performed inside Illinois and either the base of operations or place of control is in Illinois. Generally, resident and nonresident employees must have Illinois income tax withheld to the extent that they receive the compensation for services performed in Illinois, unless the worker resides in a state covered under a reciprocal withholding agreement. |
Iowa |
Withholding for Nonresidents — Employers maintaining an office or transacting business in Iowa are required to withhold Iowa state income tax from any compensation paid to nonresidents attributable to work within Iowa. If the employee's remuneration is on a commission basis, the withholding is based on the volume of business transacted within the state and its ratio to the total business volume transacted by the worker. Nonresidents working in feature film, television, or on educational productions in Iowa are not subject to state withholding, provided the employer has received an exemption from the Revenue Department. |
Kansas |
Withholding for Nonresidents — Employers must withhold tax from all taxable wages paid to nonresident employees performing services inside Kansas. Nonresidents performing services inside and outside of the state are subject to withholding only for wages earned in Kansas. Employers must determine appropriate withholding tax for such individuals based on apportionment shown in Form K-4C, Nonresident Employee Certificate. |
Kentucky |
Withholding for Nonresidents — Kentucky employers are required to withhold Kentucky income tax from wages paid to nonresidents for services rendered in Kentucky. |
Louisiana |
Withholding for Nonresidents — Employers are required to withhold state tax from wages paid to nonresidents for services performed within the state. Nonresidents working in Louisiana need to file Form L-4A, Employee's Certificate of Nonresidence and Allocation of Withholding Tax if their services are performed inside and outside of the state. The employer may allocate, or estimate wages to ensure proper withholding. |
Maine |
Withholding for Nonresidents — Employers maintaining an office or transacting business within the state of Maine must withhold state tax from wages paid to nonresidents for services performed within the state. If wages are paid to a nonresident for personal services performed inside and outside the state, the employer is required to withhold on the portion of wages attributable to Maine source income. |
Maryland |
Withholding for Nonresidents — Out-of-state contractors fulfilling contracts within Maryland for a limited time who have employees performing services in Maryland are required to withhold the Maryland state income tax. If a nonresident performs services both inside and outside of the state of Maryland, only wages earned in Maryland are subject to withholding. The amount of wages attributable to service within the state is based on the relationship the total number of working days employed within the state bears to the total number of working days employed both inside and outside of Maryland. For salespersons or workers whose pay depends on the volume of business transacted, the amount attributable to services performed within Maryland is determined by the ratio of sales made in Maryland to the total number of sales made. |
Massachusetts |
Withholding for Nonresidents — Any employer in the state of Massachusetts is required to withhold the Massachusetts tax from wages paid to nonresidents for services performed within the state. Nonresidents working inside and outside of the state are subject to withholding only on wages earned in Massachusetts. Wages attributable to Massachusetts are calculated on a time worked basis: that portion of total wages which the number of days or hours worked by an individual within Massachusetts bears to the total number of days and hours worked. For salespersons, a similar ratio is used to calculate the sales volume achieved in Massachusetts as it compares to the total sales volume of the individual. Nonresident professional athletes or entertainers have earnings apportioned to the number of games or performances within Massachusetts as they relate to the total number of games and performances. Special apportionment rules apply to nonresident flight crew members if they are unable to establish the exact amount of pay received for services performed in Massachusetts. |
Michigan |
Withholding for Nonresidents — Employers must withhold Michigan income tax from wages of nonresidents whose earnings are from services performed within the state. Out-of-state employers that have employees who work in Michigan must register with the Michigan Department of Treasury and withhold Michigan income tax from all employees working within the state. |
Minnesota |
Withholding for Nonresidents — Employers deriving income from sources within the state must withhold the state tax from wages of nonresidents working in Minnesota, unless the nonresident employee is covered under a reciprocal withholding agreement. Nonresident entertainers, performers, and athletes earning compensation within Minnesota (or those being paid wages for being connected with such events) must have Minnesota taxes withheld at a special rate. Self-employed nonresident contractors from nonreciprocating states making more than $50,000 per year in Minnesota must have Minnesota taxes withheld on earnings in construction at a rate of 7 percent if the contractor has provided a social security number, or 8.5 percent if not. Individual construction contractors working in Minnesota are subject to withholding at 2 percent. The Form MW-4A for nonresidents needs to be completed by the nonresident in these cases. |
Mississippi |
Withholding for Nonresidents — Nonresidents who principally work in Mississippi are subject to withholding on the total wages earned, unless income earned in another state is withheld by that state in which those services were performed. Nonresidents working mostly outside the state of Mississippi, but still rendering service partly inside Mississippi are subject to withholding only for the services performed inside the state of Mississippi. |
Missouri |
Withholding for Nonresidents — Employers transacting business within the state must withhold Missouri income tax from wages paid to nonresidents for services performed within the state. Nonresident employers (transient employers) transacting business in Missouri must file a financial assurance instrument with the Department of Revenue so the state may secure payment of withholding taxes. A nonresident is subject to Missouri tax only on compensation earned within Missouri provided a Form MoW-4A, Employee's Certification of Nonresidence and Allocation, is filed with the employer. Wages may be allocated on the basis of employee's experience in the preceding year. A percentage ratio of apportionment is done to allocate correctly the wages and figure withholding for those who only have a portion of their wages subject to Missouri withholding. |
Montana |
Withholding for Nonresidents — Employers must withhold the state tax from the wages and salaries paid to nonresident employees for services performed in Montana. Nonresidents are only subject to Montana withholding for wages earned within the state, except for North Dakota residents. There are no special regulations for determining appropriate allocation of Montana wages earned by nonresidents working both inside and outside the state. |
Nebraska |
Withholding for Nonresidents — Employers transacting business in the state must withhold the state tax from wages paid to nonresident employees for services performed in Nebraska. Those making payments to nonresidents may be required to withhold Nebraska income tax even if federal withholding is not required. Any person either making payments of $5,000 or more to a nonresident for personal services performed in Nebraska, or anyone engaged in business in Nebraska making payments in excess of $600 to a nonresident individual is required to withhold Nebraska state income tax. Employers and nonresidents must together complete Form W-4NA, Nebraska Withholding Certificate, to compute the amount to be withheld from payments. Form 9N, Employee Certificate for Allocation of Withholding Tax should be submitted to the employer by the nonresident employee to figure the tax. The allocation for salespersons is based on the amount of sales earned in Nebraska as a percentage of total sales earned. Hourly employees have wages allocated based on the number of hours worked in Nebraska as a percentage of the total hours worked. Salaried employees have wages allocated based on the number of days worked in Nebraska as a percentage of the total days worked. |
Nevada |
Nevada has no state personal income tax law. |
New Hampshire |
New Hampshire has no state personal income tax law. |
New Jersey |
Withholding for Nonresidents — Employers transacting business within the state of New Jersey are required to withhold the state tax from all compensation paid to nonresidents for services performed inside the state. Nonresidents are exempt from withholding in New Jersey if they file Form NJ W-4 and states that their total compensation from all sources is less than the amount of their personal exemptions. New York residents are subject to New Jersey withholding on compensation earned in New Jersey. Nonresidents working inside and outside the state are taxed for services performed within the state of New Jersey based on one of the following methods: preceding year's experience, if applicable; apportioning the total wages of the employee by figuring how the total number of workdays within New Jersey bears to the total number of working days, exclusive of nonworking days; or apportioning commission-based earnings, such as sales volume, by withholding only on the compensation for sales volume achieved within the state of New Jersey. |
New Mexico |
Withholding for Nonresidents — Employers are required to withhold New Mexico state income tax from earnings of nonresidents for services performed solely within the state. No guidelines or instructions are available from the state to aid employers in apportioning the wages of those nonresidents who work both inside and outside of the state of New Mexico. Withholding is not required from wages paid to nonresidents working in the state for 15 or fewer days in the calendar year. |
New York |
Withholding for Nonresidents — Employers must withhold New York income tax from the wages earned by nonresidents for services performed within New York. For nonresidents performing services inside and outside of the state of New York, only wages earned within the state are subject to New York income tax withholding. Nonresidents may be excluded from New York income tax withholding if the income earned in New York by that employee will not exceed the amount of personal exemptions the employee is allowed to take. Withholding of all wages paid to nonresidents working inside and outside of the state is required if the employee fails to file Form IT-2104.1, or if the employer does not have adequate records to determine accurately the correct amount of wages attributable to work in New York. |
North Carolina |
Withholding for Nonresidents — Employers must withhold North Carolina income taxes from wages earned by nonresidents within the state. Any relief for nonresidents of double withholding must be granted by the employee's state of residence. Withholding at a rate of 4 percent is required on nonresident independent contractor payments of more than $1,500 per year. |
North Dakota |
Withholding for Nonresidents — Employers must withhold North Dakota taxes from wages paid to nonresidents working in North Dakota. |
Ohio |
Withholding for Nonresidents — Employers must withhold Ohio income tax from the wages of nonresidents for services performed within the state. Income must be appropriately allocated for nonresidents working inside and outside of Ohio in order to determine the amount of Ohio withholding.Residents Working Outside the State — Ohio residents are not subject to Ohio state withholding when performing services in a different state if they are subject to the other state's income tax withholding requirements. Reciprocity — Ohio has reciprocal agreements with Indiana, Kentucky, Michigan, Pennsylvania, and West Virginia. Employers in Ohio and all participating states must withhold income tax from the state of the employee's residence. Nonresident employees working in Ohio must present employers with a completed Form IT-4-NR, Employee's Statement of Residency in a Reciprocity State, to claim exemption from withholding. Nonresident employees working in Ohio under the reciprocal agreements can have withholding for their home state taken from their wages provided the agency has adopted a rule authorizing such deduction. |
Oklahoma |
Withholding for Nonresidents — Employers paying wages earned by nonresident employees within the state must withhold Oklahoma tax from those wages. A nonresident is taxed on wages exceeding $300 a calendar quarter for services performed within Oklahoma. |
Oregon |
Withholding for Nonresidents — Employers must withhold Oregon taxes from all wages paid to nonresidents for services performed in the state. Nonresident employees working inside and outside the state are subject to withholding only on the wages earned within Oregon, and the employer must allocate appropriately the Oregon source wages for withholding purposes. Nonresident employers may calculate liability for employees in Oregon by using a method provided by the Oregon Department of Revenue. |
Pennsylvania |
Withholding for Nonresidents — Employers maintaining an office or transacting business within Pennsylvania must withhold Pennsylvania income tax from each payment of wages to nonresidents for services performed within the Commonwealth. For nonresidents working inside and outside Pennsylvania, subjected wages and withholding amounts are computed as: a portion of the total wages in which the number of working days employed within Pennsylvania bears to the total number of working days, with nonworking days excluded; compensation from sales volume achieved within Pennsylvania for employees as opposed to the total sales achieved; or wages allocated based on the preceding year's experience. |
Puerto Rico |
Withholding for Nonresidents — Employers are required to withhold income tax from all fixed and determinable income paid to residents and nonresidents. |
Rhode Island |
Withholding for Nonresidents — Employers in the state must withhold Rhode Island tax from wages paid to any nonresident for services performed within the state. Methods for allocating wages for nonresidents working inside and outside of the state may be prescribed by the Tax Administrator. |
South Carolina |
Withholding for Nonresidents — Employers in South Carolina must withhold state income taxes from wages paid to nonresidents for services performed within South Carolina. Nonresidents are subject to withholding for the South Carolina portion of their income, and are required to file Nonresident Individual Income Tax Returns at the close of the year. Any employer contracting with any nonresident conducting temporary business in South Carolina must withhold tax at a rate of 2 percent from payments made if the contract exceeds $10,000. |
South Dakota |
South Dakota has no state personal income tax law. |
Tennessee |
Tennessee has no state personal income tax law that requires withholding from wages. |
Texas |
Texas has no state personal income tax law. |
Utah |
Withholding for Nonresidents — Employers are required to withhold Utah taxes from wages earned by nonresidents for working within the state. Employers doing business in Utah less than sixty days within one calendar year may apply for a certificate relieving them of the withholding requirement. |
Vermont |
Withholding for Nonresidents — Employers are required to withhold Vermont income tax from each payment to employees for services performed within Vermont. |
Virginia |
Withholding for Nonresidents — All employers doing business within the Commonwealth must withhold Virginia tax from all wages paid to nonresidents for services performed within Virginia, except those covered by a reciprocal agreement. |
Washington |
Washington has no state personal income tax law. |
West Virginia |
Withholding for Nonresidents — Employers must withhold West Virginia tax from the wages of nonresidents for services performed within the state only. For nonresidents working inside and outside the state, only wages earned within West Virginia are subject to West Virginia income tax withholding. The nonresident employee must indicate the appropriate allocation on Form WV/IT-104. If no form is filed, the employer must withhold taxes as if the employee worked entirely within the state of West Virginia. Employers are to ensure the correct amounts are being withheld by apportioning the total wages by figuring how the number of working days within West Virginia bears to the total number of working days; apportioning sales compensation by comparing the volume achieved within West Virginia with the total sales volume, and arriving at a percentage to allocate the earnings; or by utilizing the preceding year's experience, if any. Withholding of nonresidents wages earned in West Virginia is not required if a credit for their home state's tax is sufficient to offset all of the West Virginia tax. |
Wisconsin |
Withholding for Nonresidents — Wages paid a nonresident for services performed within Wisconsin are subject to Wisconsin withholding if the employer can reasonably expect that the employee's annual earnings in the state will exceed $1,500 and if there is no reciprocal agreement with the employee's home state. Withholding is required for nonresidents only on wages earned for services performed within Wisconsin, even if the nonresident also worked outside of the state. Employers are to determine appropriate allocation of wages. |
Wyoming |
Wyoming has no state personal income tax law. |