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.
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