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Payables and contractors in Maryland

Maryland wants 1099s only when Maryland tax was withheld, classifies workers for unemployment with the ABC test, and since July 2025 taxes the software and IT services a company buys.

Jurisdiction
Maryland
Reading time
2 min
Checked
October 12, 2026
Point at another state to compare its payables.

Key figures

Maryland payables

2026, with sources

1099-NEC and 1099-MISC to Maryland
If withheldOnly when Maryland tax was withheld, with Form MW508.
1099 and MW508 due
January 31Electronically for 25 or more forms.
Contractor test for unemployment
ABC testWorkers’ comp and the Comptroller use a common-law test.
Use tax on IT and software services
3%On data, IT and software publishing services bought for business use since July 1, 2025.
Use tax on other taxable purchases
6%Including digital products not bought for an enterprise system.
Unclaimed property
October 31Uncashed vendor checks, reported for the year ending June 30.

Two tests for contractors

Maryland’s unemployment insurance law presumes a worker is an employee unless the company shows all three parts of the ABC test: the worker is free from its control and direction, the work is outside its usual course of business or places of business, and the worker is customarily engaged in an independent business of the same nature. The burden is on the employer. The same test applies under the Workplace Fraud Act in construction and landscaping.

Workers’ compensation and the Comptroller use a common-law test instead, so the same person can be a contractor for one Maryland agency and an employee for another. Unemployment is the strictest, so it is the one to plan around.

1099s

Maryland asks for 1099-NEC and 1099-MISC only when Maryland income tax was withheld from the payment. When it was, the forms go in with the annual reconciliation, Form MW508, by January 31, electronically if there are 25 or more. A startup paying contractors without withholding typically sends Maryland nothing.

Use tax on software and IT services

Maryland’s 2025 expansion of the sales tax to data, IT and software publishing services reaches the buyer side too. Hosting, data processing, IT consulting and SaaS used in a business’s systems are taxable at 3%; a digital product bought for an individual’s use is taxable at 6%. When an out-of-state vendor doesn’t charge Maryland tax, the company accrues use tax and reports it on its own sales and use tax return.

An example: a Baltimore startup spends $8,000 a month on cloud hosting and SaaS from vendors who don’t collect Maryland tax. It owes $240 a month in use tax at 3%, and accounts payable needs a step that flags untaxed software invoices each month.

Common questions

Do we send 1099-NECs to Maryland?

Only if you withheld Maryland tax from the payment. The Comptroller’s instructions say Maryland requires 1099-NEC and 1099-MISC only when Maryland withholding is greater than zero; then they go in with Form MW508 by January 31.

Do we owe Maryland tax on the SaaS tools we buy?

Probably. Since July 1, 2025 Maryland taxes data, IT and software publishing services, including SaaS used in a business’s systems, at 3%. If an out-of-state vendor doesn’t charge it, the buyer owes the same amount as use tax on its Maryland sales and use tax return.

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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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