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Payables and contractors in Indiana

Indiana reconciles W-2s and 1099s with Indiana withholding on the WH-3 by January 31 and charges 7% use tax on untaxed goods, but not on remotely accessed software.

Jurisdiction
Indiana
Reading time
2 min
Checked
October 12, 2026
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Key figures

Indiana payables

2026, with sources

WH-3 reconciliation
Due Jan 31Reconciles state and county tax withheld, with W-2s and 1099s; $10 penalty per late document.
Electronic filing
Over 25 formsRequired for more than 25 W-2, W-2G or 1099-R statements.
Use tax
7%On taxable purchases where no Indiana sales tax was charged.
SaaS purchases
Not taxableRemotely accessed software is not a retail transaction, so no use tax.
Worker misclassification
EnforcedThe Department of Labor runs a misclassification program alongside DWD and DOR.

1099s and the WH-3

Indiana’s information-return obligation runs through withholding. Once registered, an employer files WH-1 returns for every period and reconciles the year on Form WH-3 by January 31, together with the W-2s and 1099s that report Indiana state or county withholding. More than 25 W-2, W-2G or 1099-R statements must be filed electronically, through INTIME or bulk upload.

A late WH-3 costs $10 per withholding document, so a company with 20 employees and a handful of 1099s that files a week late pays a penalty per form, not per return.

The WH-1 obligation is the one startups trip on: once registered, Indiana expects a withholding return for every period, including months with no Indiana payroll, and late returns carry a penalty of up to 20% with a $5 minimum.

Use tax on what you buy

Indiana’s use tax is 7%, the same as its sales tax, with no local add-ons. It is owed on taxable purchases where the seller didn’t charge Indiana tax: hardware, furniture, and prewritten software that is downloaded or delivered. Software accessed remotely isn’t taxable in Indiana, so most of a startup’s SaaS stack is outside it.

Contractors

Indiana’s Department of Labor runs a worker misclassification program, and DWD and DOR apply their own tests for unemployment and withholding. A contractor who works like an employee — set hours, company equipment, ongoing role — is the case they look for, and reclassification brings back unemployment premiums, county tax withholding and penalties for each year.

Common questions

Do we send 1099s to Indiana?

Indiana’s WH-3 reconciles state and county tax withheld and is filed with the W-2s and 1099s that show Indiana withholding. A startup that pays contractors without withholding Indiana tax generally files those 1099s only federally.

Do we owe Indiana use tax on our SaaS tools?

No. Indiana does not treat remotely accessed prewritten software as a retail transaction, so SaaS subscriptions carry no sales or use tax. Downloaded prewritten software and hardware bought without Indiana tax carry 7% use tax.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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