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1099 Contractor in Texas with a New Mexico Client: Where Do You File?

Client state only, if you work thereNo withholding — 1099

Answer

One state at most. Texas does not tax earned income; New Mexico does, but only what is sourced to New Mexico. For a contractor working entirely from Texas, that source amount is normally zero regardless of where the invoices are sent.

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 Texas residents have no home-state return in any case.

New Mexico publishes no de minimis day count or dollar floor for nonresidents. Any New Mexico-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 New Mexico Taxation and Revenue Department nonresident instructions before filing.

What you file

  1. 1Nonresident return · New MexicoForm PIT-1 with Schedule PIT-B

    File a New Mexico nonresident return only for income from services you physically performed in New Mexico. Texas does not tax wage or self-employment income.

The two states, side by side

 TexasNew Mexico
Taxes wagesNoYes — graduated
Reciprocity partnersNoneNone
Convenience ruleNoNo
Nonresident returnNot applicableForm PIT-1 with Schedule PIT-B
Credit for other-state taxNo income taxForm PIT-1 (credit for taxes paid to another state)
Nonresident safe harbourNot applicableNone published
Local income taxNoNo
Revenue departmentTexas Comptroller of Public AccountsNew Mexico Taxation and Revenue Department
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in New Mexico and working in Texas gives:Home state only — estimated payments.

New Mexico to Texas →

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 Texas pairs

Questions people actually ask

I live in Texas and my client is in New Mexico. Do I have to file a New Mexico tax return?

One state at most. Texas does not tax earned income; New Mexico does, but only what is sourced to New Mexico. For a contractor working entirely from Texas, that source amount is normally zero regardless of where the invoices are sent.

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 Texas and New Mexico hold an agreement makes no difference to a self-employed filer — sourcing rules decide the answer instead.

How current is this?

The Texas and New Mexico rules on this page were last checked against Texas Comptroller of Public Accounts and New Mexico Taxation and Revenue Department 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.