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1099 Contractor in Kansas with a West Virginia Client: Where Do You File?

Home state, plus the client state if you work thereNo withholding — 1099

Answer

Kansas always, West Virginia sometimes. With no withholding on a 1099 the whole tax is yours to manage: estimate to Kansas through the year, and file a West Virginia nonresident return for any income from work you physically performed in West Virginia, claiming the credit back on the Kansas return.

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 West Virginia is measured in days on the ground rather than in invoices sent.

West Virginia publishes no de minimis day count or dollar floor for nonresidents. Any West 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 West Virginia Tax Division nonresident instructions before filing.

What you file

  1. 1Quarterly estimated payments · Kansas

    Make quarterly estimated payments to Kansas Department of Revenue on your full self-employment income — nothing is withheld from a 1099.

  2. 2Nonresident return · West VirginiaForm IT-140 with Schedule A

    File a West Virginia nonresident return only if you performed services inside West Virginia. West Virginia publishes no de minimis day count or dollar floor for nonresidents. Any West 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 West Virginia Tax Division nonresident instructions before filing.

  3. 3Resident return · KansasForm K-40 (credit for taxes paid to other states)

    File the Kansas resident return last and claim the credit for any tax paid to West Virginia.

The two states, side by side

 KansasWest Virginia
Taxes wagesYes — graduatedYes — graduated
Reciprocity partnersNone5 (Form WV/IT-104)
Convenience ruleNoNo
Nonresident returnForm K-40 with Schedule S Part BForm IT-140 with Schedule A
Credit for other-state taxForm K-40 (credit for taxes paid to other states)Schedule E (Form IT-140)
Nonresident safe harbourNone publishedNone published
Local income taxNoYes
Revenue departmentKansas Department of RevenueWest Virginia Tax Division
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in West Virginia and working in Kansas gives:Home state, plus the client state if you work there.

West Virginia to Kansas →

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 Kansas pairs

Questions people actually ask

I live in Kansas and my client is in West Virginia. Do I have to file a West Virginia tax return?

Kansas always, West Virginia sometimes. With no withholding on a 1099 the whole tax is yours to manage: estimate to Kansas through the year, and file a West Virginia nonresident return for any income from work you physically performed in West Virginia, claiming the credit back on the Kansas return.

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 Kansas and West Virginia hold an agreement makes no difference to a self-employed filer — sourcing rules decide the answer instead.

How current is this?

The Kansas and West Virginia rules on this page were last checked against Kansas Department of Revenue and West Virginia Tax Division 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.