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Payables and contractors in Washington

Washington has no state 1099 filing, but it taxes much of what startups buy — software, SaaS and since October 2025 IT services — and tests contractors twice, for UI and workers’ comp.

Jurisdiction
Washington
Reading time
2 min
Checked
October 13, 2026
Point at another state to compare its payables.

Key figures

Washington payables

2026, with sources

State 1099 filing
NoneWashington has no state income tax on individuals’ wages or fees, so there is no state 1099 to file.
UI contractor test
Statutory exceptionsContractors must pass ESD’s employment exception test (RCW 50.04.140).
Workers’ comp contractor test
Six-part testL&I: all six parts must be met (seven for construction).
Use tax
YesOwed on taxable purchases, including software and SaaS, where the vendor charged no Washington sales tax.
Multiple points of use
MPU exemptionDigital products used concurrently in and out of Washington can be apportioned.

Two contractor tests

Washington decides contractor status twice. ESD applies the employment exception test in RCW 50.04.140 for unemployment insurance; L&I applies its own test for workers’ compensation, which the worker must pass in all six parts (seven in construction): freedom from control, work outside the usual course or place of business, an independently established business, a schedule of expenses filed with the IRS, a Washington business registration and, where applicable, the books of an independent business.

Example: a seed-stage company pays a Spokane designer monthly to work on its product. If the designer has no UBI number and no other clients, the company is likely to fail L&I’s test and owe workers’ compensation premiums on those hours, and ESD may assess UI on the pay as well.

Use tax on purchases

Washington taxes more of what a startup buys than almost any state: prewritten software and remote access software, digital automated services, and since October 1, 2025 IT support, custom software, website development, temporary staffing and advertising. When the vendor doesn’t collect Washington sales tax, the company owes use tax and reports it on its own excise return.

Software used by employees in several states can qualify for the multiple-points-of-use exemption; the buyer then reports use tax on the Washington share. That apportionment needs a defensible basis, usually where the users are.

Common questions

Do we owe tax on software we buy from out-of-state vendors?

If a vendor didn’t charge Washington sales tax on something taxable, the buyer owes use tax at the rate where it is used, reported on the excise tax return. Since SaaS, digital automated services and, from October 2025, IT services and custom software are taxable in Washington, that now covers much of a startup’s software and contractor spend.

Can we pay a Washington developer as a contractor?

Washington applies its own statutory tests, separate for unemployment insurance (ESD) and workers’ compensation (L&I), and a worker can fail one while passing the other. Among L&I’s requirements: the worker has their own established business, files a schedule of business expenses with the IRS and has a Washington business account.

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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