Expanding your business across state lines can be an exciting endeavor that brings new opportunities and customers. However, with that comes new tax implications. When having your workforce working in multiple states, withholding taxes becomes increasingly complex. In this guide, we’ll explain the multistate income tax withholding policy to ensure you remain compliant with all tax authorities.
Tax Withholding for Workforce in Multiple States
With employees working in multiple states, withholding taxes correctly is crucial to remain compliant. When it comes to multistate tax withholding, regulations can vary by state. However, there are general principles that apply to most states. Here’s how to determine your tax withholding obligations when you have a workforce in multiple states:
- Determine nexus: One of the first steps of multistate tax withholding compliance is determining nexus, which refers to the connection between a business and a state’s tax obligations. When a company has a physical presence in a state, such as an office or employees, it can trigger a nexus in that state.
- Register in each state: After determining nexus, your next step is registering your business in each respective state’s tax agency, such as the State Tax Commission or Department of Revenue, which permits you to withhold taxes from employees’ paychecks.
- Understand each state’s tax withholding requirements: State tax withholding requirements vary by state, so it’s important to understand your tax withholding responsibilities, such as the amount of income tax you need to withhold from each employee’s paycheck based on factors like tax brackets and exemptions.
- Assess employees’ residencies: If you have a remote workforce, it’s important to determine the tax residency of employees working in different states to ensure they file their income tax returns in the appropriate state.
- Report and remit payroll taxes: After calculating and withholding payroll taxes from employees’ wages, report and remit those taxes to the appropriate state tax agencies by their deadlines.
There are key elements of multistate payroll tax withholding requirements, and following the steps mentioned above can ensure your fulfilling your state tax withholding obligations.
How Payroll Taxes Work When You Have a Workforce in Multiple States
When you have a workforce working in multiple states, withholding taxes isn’t always easy. To help you understand, here’s how the process generally works in most states:
- Federal payroll taxes: No matter where your company is located in the U.S., federal payroll tax obligations will remain the same, including Social Security taxes, Medicare taxes and federal unemployment taxes, which can be calculated using an employee’s W-4 Form.
- State payroll taxes: State payroll taxes vary by state with different withholding requirements, but common state-level payroll taxes include state unemployment taxes (SUTA), state income taxes and state disability insurance (SDI).
- Nexus: As stated, having a physical presence in a state can trigger tax obligations, requiring you to withhold taxes from employees working in that state.
- Multistate employee withholding: In some cases, employees working in multiple states could be subject to a multistate income tax withholding policy, requiring them to file income taxes in each state to fulfill their tax obligations.
Applicable Payroll Taxes for Companies With a Workforce in Multiple States
When it comes to tax withholding with a workforce in multiple states, certain taxes will need to be withheld and remitted. Common taxes include:
- Federal income tax
- Social Security tax
- Medicare tax
- Federal Unemployment Tax (FUTA)
- State income tax
- State unemployment tax (SUTA)
- State disability insurance
- Local payroll taxes
Challenges in Dealing with Tax Withholding for a Workforce in Multiple States
It’s important to understand tax withholding for remote employees or in-house employees. However, as an employer, a wide range of challenges come with dealing with tax withholding for a workforce in multiple states. Some challenges that may arise include:
- Withholding calculations: Each state has its own method for calculating the amount of wages that need to be withheld for state taxes, which can be difficult for HR and payroll teams to manage.
- Reciprocity: While reciprocity benefits employees, it can be challenging for employers to determine reciprocity eligibility and apply the correct rules for applicable employees.
- Determining nexus: Nexus can determine whether you have tax obligations in a particular state, and analyzing each state’s rules and regulations for nexus can be challenging.
- Understanding state tax laws: Each state has its own set of tax laws, with varying tax rates, tax brackets, exemptions and deductions, which can be difficult to keep track of and remain compliant with.
- Maintaining compliance: Because each state has its own tax laws, it can be hard to stay up-to-state on changing regulations and abide by state tax requirements, such as deadlines, filing processes, eligibility criteria and reporting requirements.
Best Practices for Tax Withholding for Employees Working in Multiple States
As you know, having employees working in multiple states makes withholding taxes complicated. However, there are best practices HR and payroll teams can follow, such as:
- Staying up-to-date on state tax laws and regulations
- Registering with state tax agencies after determining nexus
- Collecting and maintaining employee information
- Communicating your company’s multistate income tax withholding policy with staff
- Using a payroll software or service provider
- Maintaining proper records, such as employee data and state tax forms
Potential Penalties for Noncompliance
There are potential penalties for noncompliance with multistate tax withholding, which can vary by state, such as:
- Monetary penalties
- Interest charges on unpaid taxes or taxes paid late
- Audits and investigations
- Legal consequences
- Reputational damage
- Property liens
Using Payroll Services for Tax Withholding
If your company has a workforce operating in multiple states, withholding taxes can take up valuable time and resources. Enlisting the help of payroll services like Experian Employer Services can help. Our workforce management solutions offer payroll tax services that make it easy to calculate tax withholding for multiple states. Explore our solutions today to see how you can streamline internal processes, reduce tax errors and improve employee satisfaction.