State Payroll Tax Overview
Employers must comply with state-specific payroll tax laws where employees earn wages. Although every state has its own rules, this overview explains the most common concepts, helping you understand what to look for when dealing with state payroll taxes.
1. State Unemployment Insurance (SUI or SUTA) →
What is SUTA?
- State Unemployment Tax Act (SUTA) is imposed by each state on a base wage per employee, per year.
- Most states require only employers to pay SUTA, except Alaska, New Jersey, and Pennsylvania (where employees also contribute).
Key Components:
- Employer registers with the respective state where the work is performed.
- Wage Base: The maximum amount of wages per employee subject to SUTA.
- Tax Rate: Assigned based on industry, experience, and history. Updated annually (some states mid-year).
- New Employer Rate: A default rate until sufficient wage history is accumulated.
Reporting: Employers file quarterly reports detailing contributions, gross wages, and taxable wages.
2. State Income Tax (SIT) / Withholding Tax (WH) →
Overview:
- SIT is imposed on employee earnings unless the employee works in a no-income-tax state:
- No SIT States: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, Wyoming.
Process:
- Employer registers with the state where the work is performed.
- Each state issues its own version of the W-4 form.
- Payroll software calculates withholdings once proper state and employee information is entered.
3. Multi-State Withholding →
General Rule:
- Employers must withhold taxes for the state where the work is performed.
- Employees may be liable for taxes both where they work and where they reside.
How It Works:
- Employees pay the higher of the two combined rates.
- Example: Work state = 7%, Resident state = 10% → Employee pays 7% to the work state and 3% to the resident state.
Employer Best Practices:
- Some employers withhold only the work state tax and leave the remaining responsibility to the employee.
- Others may withhold both work and resident state taxes when permitted or required.
- Recommended to notify employees to avoid unexpected year-end tax bills.
4. Reciprocal Agreements →
Concept: Allows employees working in one state but residing in another to pay only their resident state's income tax.
Requirements: Employees must complete a reciprocity form to be exempt from work state withholding.
Sample States with Reciprocity:
Work State | Resident State(s) | Form |
---|---|---|
D.C. | With all 50 states but only one way, 2 states have a reciprocity with D.C - MD, VA | D-4A |
IL | IA, KY, MI, WI | IL-W-5-NR |
IN | KY, MI, OH, PA | WH-47 |
IA | IL | 44-016 |
KY | IL, IN, MI, OH, PA, WI | WH-47 |
MD | PA, VA, WV | MW507 |
MI | IL, IN, KY, MN, OH, WI | MI-W4 |
MN | MI, ND | MWR |
MT | ND | MT-R |
NJ | PA | NJ-165 |
ND | MN, MT | NDW-R |
OH | IN, KY, MI, PA, WV | IT-4NR |
PA | IN, MD, NJ, OH, VA, WV | REV-419 |
VA | D.C., KY, MD, PA, WV | VA-4 |
WV | KY, MD, OH, PA, VA | WV/IT-104R |
WI | IL, IN, KY, MI | W-220 |
5. Local Taxes →
Overview:
- Around 15 states impose local income taxes (city, county, or school district level).
Common States: Alabama, Arkansas, Colorado, D.C., Delaware, Iowa, Indiana, Kentucky, Maryland, Michigan, Missouri, New York, Ohio, Oregon, Pennsylvania.
Complex States: Pennsylvania and Ohio due to varying local rates and PSD codes.
6. Special Situations →
- Remote Employees: If remote work is for the employee's convenience, taxes may still apply based on the employer's state. Confirm with a CPA if registration in another state is needed.
- New Jersey vs. New York: NJ residents working in NY pay only NY taxes. Usually, no NJ liability arises due to NY's higher rates.
- Reimbursable Employers (Nonprofits): 501(c)(3) organizations may elect to reimburse the state instead of paying unemployment taxes upfront.
- SUI Exempt Employees: Employees performing religious services may be marked as SUI-exempt if applicable.
7. General Registration Process & Responsibility →
Employer Responsibilities:
- Register for applicable state and local payroll taxes before paying wages.
- Ensure registrations are completed correctly and IDs are shared with the payroll processor.
Registration Steps:
- Identify applicable taxes (SIT, SUI, Local).
- Complete the necessary state forms (combined or separate depending on the state).
- Obtain official state-issued IDs.
- Provide IDs to the payroll provider.
Our Role:
- We provide forms and general guidance but do not handle registrations directly.
- Once IDs are received, we set up payroll taxes, process POAs if applicable, and begin proper withholding and filing.
8. Important Abbreviations →
Abbreviation | Meaning |
---|---|
DOL | Department of Labor |
EE / Emp | Employee |
ER | Employer |
Liab | Liability |
QTR | Quarter |
SIT | State Income Tax |
UP | Underpayment |
WH | Withholding |
SUI | State Unemployment Insurance |
FUI | Federal Unemployment Insurance |