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Live in New Mexico, Work Remotely for a South Dakota Employer: Who Taxes You?

Home state onlyNew Mexico withholds

Answer

New Mexico taxes the income and South Dakota cannot. Residency, not the location of the job, drives this answer: New Mexico reaches all of a resident's income, and South Dakota has no personal income tax to apply to the part earned inside its borders.

Last verified

Crossing into a state with no income tax does not lower your tax bill, because your home state is not taxing you on where you work — it is taxing you on where you live. New Mexico reaches all of a resident's income, and South Dakota adds nothing on top.

What you file

  1. 1Resident return · New Mexico

    File a New Mexico resident return reporting all of your income.

The two states, side by side

 New MexicoSouth Dakota
Taxes wagesYes — graduatedNo
Reciprocity partnersNoneNone
Convenience ruleNoNo
Nonresident returnForm PIT-1 with Schedule PIT-BNot applicable
Credit for other-state taxForm PIT-1 (credit for taxes paid to another state)No income tax
Nonresident safe harbourNone publishedNot applicable
Local income taxNoNo
Revenue departmentNew Mexico Taxation and Revenue DepartmentSouth Dakota Department of Revenue
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in South Dakota and working in New Mexico gives:No state income tax on your wages.

South Dakota to New Mexico →

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 New Mexico pairs

Questions people actually ask

I live in New Mexico and work remotely for a South Dakota employer. Which state do I pay?

New Mexico taxes the income and South Dakota cannot. Residency, not the location of the job, drives this answer: New Mexico reaches all of a resident's income, and South Dakota has no personal income tax to apply to the part earned inside its borders.

Which state should my employer be withholding for?

New Mexico. Your employer should withhold New Mexico tax rather than South Dakota tax on these wages. If a South Dakota line is showing on your pay stub, raise it with payroll now rather than at filing time.

How current is this?

The New Mexico and South Dakota rules on this page were last checked against New Mexico Taxation and Revenue Department and South Dakota Department of Revenue 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.