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1099 Contractor in Florida with a North Dakota Client: Where Do You File?

Client state only, if you work thereNo withholding — 1099

Answer

The client's address is not the test. Florida has no personal income tax, so nothing is owed at home; North Dakota taxes nonresidents on income from services performed within North Dakota, so if you never travel there to work, there is nothing to file. Days on site change that.

Last verified

The most common contractor worry — that invoicing an out-of-state client creates a filing obligation there — is usually unfounded. What creates the obligation is physical presence, and Florida residents have no home-state return in any case.

North Dakota publishes no de minimis day count or dollar floor for nonresidents. Any North Dakota-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 North Dakota Office of State Tax Commissioner nonresident instructions before filing.

What you file

  1. 1Nonresident return · North DakotaForm ND-1 with Schedule ND-1NR

    File a North Dakota nonresident return only for income from services you physically performed in North Dakota. Florida does not tax wage or self-employment income.

The two states, side by side

 FloridaNorth Dakota
Taxes wagesNoYes — graduated
Reciprocity partnersNone2 (Form NDW-R)
Convenience ruleNoNo
Nonresident returnNot applicableForm ND-1 with Schedule ND-1NR
Credit for other-state taxNo income taxSchedule ND-1CR
Nonresident safe harbourNot applicableNone published
Local income taxNoNo
Revenue departmentFlorida Department of RevenueNorth Dakota Office of State Tax Commissioner
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in North Dakota and working in Florida gives:Home state only — estimated payments.

North Dakota to Florida →

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.

Other Florida pairs

Questions people actually ask

I live in Florida and my client is in North Dakota. Do I have to file a North Dakota tax return?

The client's address is not the test. Florida has no personal income tax, so nothing is owed at home; North Dakota taxes nonresidents on income from services performed within North Dakota, so if you never travel there to work, there is nothing to file. Days on site change that.

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 Florida and North Dakota hold an agreement makes no difference to a self-employed filer — sourcing rules decide the answer instead.

How current is this?

The Florida and North Dakota rules on this page were last checked against Florida Department of Revenue and North Dakota Office of State Tax Commissioner 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.