Call (703) 880-8412Latest updatesContact us

Industry · IT staffing and software development

IT staffing and software companies: one placement can create tax obligations in a new state.

When a consultant starts work for a client in another state, or a developer moves home to a new state, your company may need to register for payroll withholding, unemployment insurance, income tax and sometimes sales tax there. We set up and run multi-state compliance so growth does not create penalties.

Forms & standards
State withholding and SUIP.L. 86-272South Dakota v. WayfairSection 530 and TRA 1986 § 1706IRC § 41IRC § 174A

Serving United States, Virginia, Washington, DC, Maryland, New York, Texas, California.

What we handle

The issues staffing and IT companies face

Staffing, IT consulting and software development companies usually have employees and contractors working in many states at once. Each state where an employee works generally requires a withholding account and a state unemployment insurance account, and wages may be sourced differently between work and resident states. Reciprocity agreements, such as those between Virginia and DC, Maryland, Pennsylvania, West Virginia and Kentucky, and rules such as New York's convenience of the employer test, change the answer for remote workers.

Because staffing and consulting are services, the federal P.L. 86-272 protection for sellers of goods does not apply, so employees working in a state usually create income tax nexus. Some states also tax staffing, data processing or software services, and economic nexus after Wayfair applies to sales tax on SaaS and software. Classification is another major exposure: Section 530 relief is generally not available to technical service firms that place engineers and programmers with clients, under section 1706 of the Tax Reform Act of 1986.

Speak with an advisor
  • Multi-state registrationWithholding, unemployment insurance, foreign qualification and local business licenses in each new state.
  • Remote and traveling employeesWork-state and resident-state withholding, reciprocity and convenience rules.
  • State income tax nexusApportionment, composite and nonresident owner filings for pass-through entities.
  • Sales tax on services and SaaSTaxability by state for staffing, IT services and software, and economic nexus thresholds.
  • W-2, 1099 and C2C consultantsClassification under common law and state ABC tests, and corp-to-corp vendor documentation.
  • H-1B and foreign workersPayroll compliance, residency status, treaty positions and state moves for visa holders.
  • Per diem for consultantsAccountable plans and the one-year rule for temporary assignments away from home.
  • R&D credit and 174ACredits and immediate expensing for software development work.

Where we help

Court decisions and rules that matter

1997

Vizcaino v. Microsoft Corp., 120 F.3d 1006 (9th Cir.) (en banc)

Long-term freelancers treated as contractors were held to be common-law employees, entitled to employee benefit plan participation. A warning for permanent contractors in IT.

2018

South Dakota v. Wayfair, 585 U.S. 162

States can require out-of-state companies to collect sales tax based on economic activity alone, which reaches software and taxable services.

2003

Zelinsky v. Tax Appeals Tribunal, 1 N.Y.3d 85

New York's highest court upheld taxing a nonresident on days worked from home out of state for his convenience, the basis of New York's convenience rule.

Statute

Section 1706, Tax Reform Act of 1986

Removes Section 530 classification safe harbor for technical service firms in three-party arrangements with engineers, programmers and systems analysts.

Our approach

How the engagement runs.

Map

Where every employee and contractor works and lives.

Register

Withholding, unemployment, income tax, sales tax and license accounts.

Comply

Payroll, returns and annual filings on a calendar.

Defend

Payroll, classification and nexus audits.

Questions

Frequently asked

If your question isn't here, call (703) 880-8412 and you'll reach a person.

Do we need to register in a state for one remote employee?

Generally yes. Most states require a withholding account and unemployment insurance account when an employee works there, even if the company has no office in the state.

Does an employee working in a state create income tax nexus?

Usually. Staffing and IT services are not protected by P.L. 86-272, which covers only solicitation of orders for tangible goods.

Are IT staffing services subject to sales tax?

In some states. Texas, for example, taxes data processing services, and several states tax temporary help or software. Taxability depends on the state and the service.

Can we pay consultants on 1099 or C2C?

Only when they are truly independent businesses. IT staffing firms cannot rely on Section 530 relief for engineers and programmers placed with clients, and states such as New Jersey and California use stricter tests.

How are H-1B employees taxed when they move states?

Like any employee: withholding follows where they work and live. Wage and work-location changes may also affect the visa filing, so coordinate with immigration counsel.

Can a software development company claim the R&D credit?

Often yes, for developing new or improved software that involves technical uncertainty and experimentation. Domestic development costs can also be expensed immediately under section 174A.

Latest updates

IRS & federal tax

All IRS & federal tax updates
Nov 5, 2026IRS & federal tax

IRS releases 2027 inflation adjustments (Rev. Proc. 2026-35)

For 2027 the joint-return standard deduction rises to $33,200, the estate tax basic exclusion to $15,480,000, the annual gift exclusion to $20,000 and the Section 179 expensing limit to $2,640,000. Our advisors recommend revisiting year-end gifting and equipment purchase plans with these figures in mind.

Source: IRS (IR-2026-133)

Our guidance

Start a conversation

Have a notice, a deadline or a deal on the table?

Tell us what you're facing. A senior advisor will reply within one business day with a clear next step.