1099 Contractor in Delaware with a Virginia Client: Where Do You File?
Answer
Pay Delaware by instalments, and watch your Virginia days. Reciprocity agreements do not help here: every one of them covers wage withholding, and a 1099 has no withholding to switch off. Delaware taxes the full profit, Virginia taxes the on-site share, and the Delaware credit reconciles them.
Last verified
The client's location is the wrong thing to track. What matters is where you were sitting when you did the work — which is why a contractor's exposure to Virginia is measured in days on the ground rather than in invoices sent.
Virginia publishes no de minimis day count or dollar floor for nonresidents. Any Virginia-source wage income above the state's general filing threshold requires a nonresident return, and that threshold is reset each year — check the current figure on the Virginia Department of Taxation nonresident instructions before filing.
What you file
- 1Quarterly estimated payments · Delaware
Make quarterly estimated payments to Delaware Division of Revenue on your full self-employment income — nothing is withheld from a 1099.
- 2Nonresident return · VirginiaForm 763
File a Virginia nonresident return only if you performed services inside Virginia. Virginia publishes no de minimis day count or dollar floor for nonresidents. Any Virginia-source wage income above the state's general filing threshold requires a nonresident return, and that threshold is reset each year — check the current figure on the Virginia Department of Taxation nonresident instructions before filing.
- 3Resident return · DelawareSchedule I (Form PIT-RES)
File the Delaware resident return last and claim the credit for any tax paid to Virginia.
The two states, side by side
| Delaware | Virginia | |
|---|---|---|
| Taxes wages | Yes — graduated | Yes — graduated |
| Reciprocity partners | None | 5 (Form VA-4) |
| Convenience rule | Yes — general rule | No |
| Nonresident return | Form PIT-NON | Form 763 |
| Credit for other-state tax | Schedule I (Form PIT-RES) | Schedule OSC |
| Nonresident safe harbour | None published | None published |
| Local income tax | Yes | No |
| Revenue department | Delaware Division of Revenue | Virginia Department of Taxation |
| Last verified |
The other direction
Reversing the commute does not always reverse the answer. Living in Virginia and working in Delaware gives:Home state, plus the client state if you work there.
Same two states, different situation
The withholding answer turns on how you are paid and where the work happens, not only on which two states are involved.
- W-2 commuter: Delaware → VirginiaBoth states — credit offsets the double tax
- Remote worker: Delaware → VirginiaHome state only
- Moved mid-year: Delaware → VirginiaTwo part-year returns
Other Delaware pairs
Questions people actually ask
I live in Delaware and my client is in Virginia. Do I have to file a Virginia tax return?
Pay Delaware by instalments, and watch your Virginia days. Reciprocity agreements do not help here: every one of them covers wage withholding, and a 1099 has no withholding to switch off. Delaware taxes the full profit, Virginia taxes the on-site share, and the Delaware credit reconciles them.
Do reciprocity agreements help a 1099 contractor?
No. Every state reciprocity agreement in the country is an arrangement about wage withholding between two revenue departments, and a 1099 has no withholding to switch off. Whether Delaware and Virginia hold an agreement makes no difference to a self-employed filer — sourcing rules decide the answer instead.
How current is this?
The Delaware and Virginia rules on this page were last checked against Delaware Division of Revenue and Virginia Department of Taxation on 2026-08-07. We re-check the full grid every December after state legislative sessions close, and re-check the convenience-of-the-employer states quarterly because that is where the rules move fastest.
Sources
Every fact above comes from the revenue department that publishes the rule. We do not cite secondary summaries, and we do not restate a figure we could not find at source.
- Delaware Division of Revenue — individual income taxaccessed 2026-08-07
- Virginia Department of Taxation — individual income taxaccessed 2026-08-07
- Virginia — Form VA-4accessed 2026-08-07
- Virginia Tax — Reciprocityaccessed 2026-08-07