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Payables and contractors in Minnesota

Minnesota wants 1099s that show Minnesota withholding filed directly by January 31, and it taxes prewritten software however delivered, so untaxed software purchases carry use tax.

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

Key figures

Minnesota payables

2026, with sources

1099s to Minnesota
With MN withholdingRequired when they report Minnesota withholding — even if you use the Combined Federal/State program.
Due date
Jan 31W-2s and 1099s reporting Minnesota withholding.
Electronic filing
More than 10Required for more than 10 forms (W-2s plus 1099s).
Penalty
$50 eachPer W-2 or information return not provided when required.
Use tax on software
6.875% + localPrewritten software is taxable however delivered, including periodic billing.

1099s

Minnesota asks for W-2s and 1099s that report Minnesota withholding by January 31, and it wants 1099s with Minnesota withholding filed directly even when the payer participates in the Combined Federal/State program. More than ten forms in total must be filed electronically through e-Services, and Revenue can assess $50 for each W-2 or information return not provided when required.

Wage allocation is the related trap: a Minnesota resident’s wages are all Minnesota wages on the W-2, wherever the work was done, and a nonresident’s are Minnesota wages for work physically performed in Minnesota — unless they are a Michigan or North Dakota resident who gave you Form MWR.

Use tax reaches software

Minnesota treats prewritten computer software as tangible personal property however it is delivered — download, electronic delivery or load-and-leave — and taxes payments for it whether billed weekly, monthly, yearly or per use. Custom software is not taxable, and charges to access data in a remote database are not. For a software startup that means its own vendor invoices need review: taxable software bought without Minnesota tax carries use tax at 6.875% plus local rates.

A Minneapolis company paying $3,000 a month to an out-of-state vendor that doesn’t collect Minnesota tax on a licensed analytics tool would accrue use tax each month and report it on its sales and use tax return.

Contractors and earned sick time

Independent contractors are outside earned sick and safe time and Paid Leave, which is why misclassification costs more in Minnesota: a reclassified contractor brings back UI tax, Paid Leave premiums and ESST accruals as well as withholding.

Common questions

Do we send 1099s to Minnesota?

Only those that report Minnesota withholding, by January 31, and those must be filed directly even if you participate in the Combined Federal/State program. A startup paying contractors without Minnesota withholding files those 1099s federally.

Do we owe Minnesota use tax on software we buy?

Often, yes. Minnesota treats prewritten software as tangible personal property no matter how it is transferred, and taxes payments for it whether billed monthly, yearly or per use. If a software vendor doesn’t charge Minnesota tax, the company owes use tax at the state rate plus applicable local rates.

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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.

All state guides