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REMOTE EMPLOYEES

Hiring a remote employee in South Dakota

Your company is in another state and one employee lives and works from home in South Dakota. Which state's taxes apply, unemployment, paid leave and South Dakota's employer rules, each with its official source.

Facts checked on October 5, 2026 against the official sources listed at the end of this page. For employers. General information, not legal or tax advice: confirm a rule with the agency before you rely on it.

South Dakota at a glance

Income tax
No income tax on wages
Unemployment
$15,000 wage base, 1.75% new employer
Paid leave
None
New hire report
Within 20 days

Which state's taxes apply

Work state
South Dakota has no income tax on wages, so nothing is withheld for South Dakota.Source: South Dakota Department of Revenue, Individual Taxes (opens in a new tab), checked October 5, 2026
Convenience rules
If your company is in Delaware, New York or Pennsylvania, the employee is assigned to an office there and works there on some days, that state taxes the days worked from home in South Dakota for the employee's convenience.Source: Delaware Division of Revenue, 2025 Form PIT-NON Instructions, Non-Resident Individual Income Tax Return (PDF) (opens in a new tab), checked October 6, 2026; NYS DTF, TSB-M-06(5)I, New York Tax Treatment of Nonresidents and Part-Year Residents: Application of the Convenience of the Employer Test to Telecommuters and Others (May 15, 2006, PDF) (opens in a new tab), checked October 6, 2026; PA Department of Revenue, PA Personal Income Tax Guide, Gross Compensation (opens in a new tab), checked October 6, 2026

Where to withhold: two states

Pick your company's state, the state where the employee lives and works from home, and the days a year the employee works at your office. The answer reads each state's rules from the data on these pages.

Your company is in
Employee lives and works from home in
Days a year at your office
Assigned to an employer office in New YorkMatters only in the states with a convenience rule (Connecticut, Delaware, New Jersey, New York and Pennsylvania), and only with office days there.

Income tax withholding

No state income tax withholding: neither state taxes these wages.

No New York withholding: the employee does no work in New York.

Unemployment

South Dakota: the employee works from home there, so the work is localized in South Dakota.

Simplified: resident credits, dollar tests, local taxes and a move during the year are not worked out here. Each state's rule and its source are on its page.

Unemployment

The employee works from home in South Dakota, so the work is localized in South Dakota: pay South Dakota unemployment tax, not your company state's.

Agency
South Dakota Department of Labor and Regulation, Reemployment Assistance DivisionSource: South Dakota DLR, Reemployment Assistance Tax, Employer Registration (opens in a new tab), checked October 5, 2026
New employer rate
1.75% 1.75% in year 1 (1.20% RA tax plus 0.55% investment fee); 1.55% in years 2 and 3 with a positive account balance. Construction: 6.55% in year 1, 3.55% in years 2 and 3. Surcharges included Construction 6.55%Source: South Dakota DLR, Reemployment Assistance Employer FAQ ('What is my tax rate?', New Employer Tax Rates) (opens in a new tab), checked October 5, 2026

Open the account: South Dakota payroll tax registration

South Dakota has no paid leave program funded through payroll.

South Dakota employer rules

Employment law applies where the employee works, so these follow the employee into South Dakota.

Final pay
Fired: Next regular payday Quit: Next regular paydaySource: South Dakota DLR, Termination of Employment (opens in a new tab), checked October 5, 2026
Pay frequency
At least once each calendar month, on regular paydays designated in advance, unless otherwise provided by law.Source: SDCL §60-11-9, Monthly wage payments required--Agreed pay day--Form of payment (opens in a new tab), checked October 6, 2026
Pay notice
No written pay-rate notice at hire or on a change. Wages are paid at least monthly, or on regular paydays the employer sets in advance (SDCL 60-11-9).Source: SDCL chapter 60-11, Wages, hours and conditions of employment (opens in a new tab), checked October 5, 2026
New hire reporting
Within 20 days of the start date.Source: South Dakota DLR, New Hire Reporting, Reporting Requirements (opens in a new tab), checked October 5, 2026
E-Verify
No state E-Verify mandate. A 2026 bill (HB 1209) to require it for employers with more than 50 employees failed on March 11, 2026.Source: South Dakota Legislature, 2026 House Bill 1209 (E-Verify), bill text and action log (opens in a new tab), checked October 5, 2026

When the employee moves

Re-check the work state and the registrations before the next payroll: a move changes which state's withholding, unemployment, paid leave and employer rules apply.

Registering your business in South Dakota, and whether one remote employee creates tax nexus for your company, are separate questions this page does not cover.

WORKLIO HCM

Payroll for employees who work from home in another state

We help open state accounts when you hire somewhere new, and our registration service can register your employer tax accounts for you. Worklio HCM calculates, deposits and files your payroll taxes in every state and locality, and when an agency notice arrives, you upload it and our tax team resolves it.

Remote employees in other states

Sources

The agency page or document behind each fact, as checked.

General information, not legal or tax advice. Rules change; confirm current requirements with the relevant agency or your advisor. You remain responsible for your employment taxes and for each state's rules.

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