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

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

Answer

The client's location does not decide this. Self-employment income from personal services is sourced to where the work happens, so working from Montana keeps it Montana-source and Montana-taxed. Travel to North Dakota to work and that portion becomes North Dakota-source, needing a North Dakota nonresident 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 North Dakota is measured in days on the ground rather than in invoices sent.

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. 1Quarterly estimated payments · Montana

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

  2. 2Nonresident return · North DakotaForm ND-1 with Schedule ND-1NR

    File a North Dakota nonresident return only if you performed services inside North Dakota. 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.

  3. 3Resident return · MontanaForm 2 (credit for income tax paid to another state)

    File the Montana resident return last and claim the credit for any tax paid to North Dakota.

The two states, side by side

 MontanaNorth Dakota
Taxes wagesYes — graduatedYes — graduated
Reciprocity partners1 (Form MW-4)2 (Form NDW-R)
Convenience ruleNoNo
Nonresident returnForm 2 with the nonresident/part-year scheduleForm ND-1 with Schedule ND-1NR
Credit for other-state taxForm 2 (credit for income tax paid to another state)Schedule ND-1CR
Nonresident safe harbourNone publishedNone published
Local income taxNoNo
Revenue departmentMontana 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 Montana gives:Home state, plus the client state if you work there.

North Dakota to Montana →

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 Montana pairs

Questions people actually ask

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

The client's location does not decide this. Self-employment income from personal services is sourced to where the work happens, so working from Montana keeps it Montana-source and Montana-taxed. Travel to North Dakota to work and that portion becomes North Dakota-source, needing a North Dakota nonresident 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 Montana 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 Montana and North Dakota rules on this page were last checked against Montana 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.