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Payables and contractors in New Jersey

New Jersey classifies workers with the ABC test, wants contractors reported like new hires, and wants 1099s of $1,000 or more filed electronically by February 15.

Jurisdiction
New Jersey
Reading time
2 min
Checked
October 13, 2026
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Key figures

New Jersey payables

2026, with sources

1099s to New Jersey
$1,000 or moreWhen $1,000 or more was paid in the year, or any New Jersey tax was withheld.
1099 due date
February 15Electronic filing is mandatory.
Combined Federal/State Filing
ParticipatesThe IRS forwards 1099s filed through the program.
Contractor test
ABC testEmployer must prove all three parts; N.J.A.C. 12:11 rules operative Oct 1, 2026.
Contractor reporting
RequiredIndependent contractors are reported like new hires.
Use tax
6.625%On taxable purchases when the seller didn’t charge New Jersey tax.

The ABC test

New Jersey classifies workers with the ABC test from its Unemployment Compensation Law, and applies it across unemployment, disability and wage law. A worker is an employee unless the company shows that the worker is free from its control, that the work is outside its usual course of business or performed outside all its places of business, and that the worker is customarily engaged in an independently established trade. Failing any one part makes the worker an employee.

In May 2026 the Department of Labor adopted regulations (N.J.A.C. 12:11), operative October 1, 2026, codifying how it applies the test across the unemployment, disability, wage and earned sick leave laws it enforces. They don’t create a new test; they write down the Department’s reading of each prong, including what counts as the “usual course” of a business under part B. Misclassification exposes the company to back unemployment, TDI and FLI contributions as well as penalties.

1099s and contractor reporting

New Jersey wants copies of 1099s when $1,000 or more was paid in the year or any New Jersey tax was withheld, filed electronically by February 15. Filing through the federal Combined Federal/State Filing program satisfies the requirement for forms filed that way.

Independent contractors working in New Jersey are also reported to the State Directory of New Hires, with the contractor’s name, address, Social Security number and start date.

An example: a startup pays a New Jersey freelance developer $12,000 over 2026. It reports the developer to the State Directory of New Hires within 20 days of the engagement starting, files the 1099-NEC with the IRS, and files a copy with the Division of Taxation by February 15, 2027 because the payments passed $1,000. Before any of that, it checks the ABC test; part B is hard to meet when the contractor is building the company’s own product.

Use tax

When a vendor doesn’t charge New Jersey sales tax on something taxable, the buyer owes 6.625% use tax and reports it on its sales and use tax return. Electronically delivered prewritten software is exempt when used directly and exclusively in the conduct of the buyer’s business; remotely accessed SaaS generally isn’t taxable in the first place.

Deadlines

  1. Within 20 daysReport a new independent contractor to the State Directory of New Hires
  2. Feb 151099 copies to the Division of Taxation, electronically1099 with NJ-W-3

Common questions

Can we pay someone in New Jersey as a contractor?

Not just a 1099. New Jersey uses the ABC test: a worker paid for services is an employee unless the company shows all three of (A) freedom from control, (B) work outside its usual course of business or places of business, and (C) an independently established trade. The Department of Labor adopted regulations codifying its reading of the test in 2026, operative October 1, 2026, and a 1099 or a signed contractor agreement doesn’t change the answer.

Do we report contractors to the new-hire registry?

Yes. New Jersey requires employers to report independent contractors working in the state, as well as employees, to the State Directory of New Hires, generally within 20 days.

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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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