Payroll compliance in the US operates on two levels simultaneously — federal requirements that apply everywhere, and state requirements that vary significantly by jurisdiction. When you're placing consultants across state lines, both apply.
Federal Requirements (Apply Everywhere)
- Federal income tax withholding based on W-4 elections
- FICA taxes — Social Security (6.2%) and Medicare (1.45%) — matched by the employer
- Federal Unemployment Tax (FUTA) — 6% on the first $7,000 of each employee's wages
- Quarterly 941 filings reporting wages and withholding
- Annual W-2s to employees and W-3 to the SSA
State Requirements (Vary Significantly)
- State income tax withholding — 9 states have no state income tax; others range from flat rates to progressive structures
- State unemployment insurance (SUI) — rates and wage bases vary by state and employer experience
- State disability insurance — required in some states (CA, NY, NJ, HI, RI, PR)
- Local taxes — some cities and counties impose additional payroll taxes
- Paid leave requirements — increasingly common and vary by state
Why This Gets Complex Quickly
Each state where a consultant performs work creates a potential payroll tax nexus. If you have a consultant working remotely from California for a client in New York, you may have obligations in both states. Managing this manually — or incorrectly — creates real financial exposure.
This is one of the core problems HR2HR solves. Multi-state payroll compliance is handled as part of the partnership — you don't need to track changing rules across jurisdictions yourself.