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

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

Answer

Pay Maryland by instalments, and watch your West Virginia days. Reciprocity agreements do not help here: every one of them covers wage withholding, and a 1099 has no withholding to switch off. Maryland taxes the full profit, West Virginia taxes the on-site share, and the Maryland credit reconciles them.

Last verified

Reciprocity agreements are the first thing contractors ask about and the first thing that does not apply to them. Every agreement in the country is a wage-withholding arrangement, and a 1099 has no withholding to switch off.

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 · Maryland

    Make quarterly estimated payments to Comptroller of Maryland 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 · MarylandForm 502CR

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

The two states, side by side

 MarylandWest Virginia
Taxes wagesYes — graduatedYes — graduated
Reciprocity partners4 (Form MW507)5 (Form WV/IT-104)
Convenience ruleNoNo
Nonresident returnForm 505 with Form 505NRForm IT-140 with Schedule A
Credit for other-state taxForm 502CRSchedule E (Form IT-140)
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentComptroller of MarylandWest Virginia Tax Division
Last verified

The other direction

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

West Virginia to Maryland →

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 Maryland pairs

Questions people actually ask

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

Pay Maryland by instalments, and watch your West Virginia days. Reciprocity agreements do not help here: every one of them covers wage withholding, and a 1099 has no withholding to switch off. Maryland taxes the full profit, West Virginia taxes the on-site share, and the Maryland 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 Maryland 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 Maryland and West Virginia rules on this page were last checked against Comptroller of Maryland 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.