TAX DEPARTMENT-STATUS SECTION

LOCATION OF SERVICES CHECKLIST

TO AID IN DETERMINING TO WHICH STATE THE WAGES SHOULD BE REPORTED.
THE FOLLOWING ITEMS (OR TESTS) SHOULD BE CONSIDERED IN SEQUENCE:

CATEGORY TEST REPORT WAGES TO
1. LOCALIZATION OF SERVICES A. ALL SERVICES ARE PERFORMED IN TEXAS. TEXAS
B. ALL SERVICES ARE PERFORMED IN TEXAS EXCEPT FOR TEMPORARY ASSIGNMENTS OUT OF STATE. TEXAS
C. SERVICES ARE EVENLY SPLIT AMONG TEXAS & ONE OR MORE OTHER STATES. GO TO CATEGORY 2
2. EMPLOYEE'S BASE OF OPERATION A. THE EMPLOYEE HAS A HOME, BUSINESS LOCATION, OR PLACE FROM WHICH HE GOES TO PERFORM HIS SERVICES, AND TO WHICH HE RETURNS AFTER PERFORMING THE SERVICES. STATE WHERE HOME BUSINESS OR PLACE IS LOCATED. SOME SERVICES MUST BE PERFORMED IN THIS STATE, IF NOT GO TO CATEGORY 3.
B. THE EMPLOYEE DOES NOT HAVE A BASE OF OPERATION GO TO CATEGORY 3
3. PLACE OF DIRECTION & CONTROL A. EMPLOYEE PERFORMS SERVICES IN TWO OR MORE STATES, & RECEIVES DIRECTION & CONTROL FROM SOMEONE LOCATED IN 1 OF THESE STATES. STATE WHERE SOURCE OF DIRECTION & CONTROL IS LOCATED.
B. DIRECTION AND CONTROL COME FROM A STATE IN WHICH NO SERVICES ARE PERFORMED, BUT EMPLOYEE TRAVELS TO THAT STATE AT LEAST ONCE A YEAR. SAME AS 3.A.
C. SAME AS B., EXCEPT EMPLOYEE DOES NOT TRAVEL TO THE SOURCE STATE AT LEAST ONCE A YEAR. GO TO CATEGORY 4
4. LOCATION OF EMPLOYEE'S ADDRESS A. EMPLOYEE CURRENTLY LIVES IN TEXAS. TEXAS
B. EMPLOYEE PERFORMS SERVICES IN TEXAS & ONE OR MORE OTHER STATES AND EMPLOYEE RESIDES IN ONE OF THE OTHER STATES. STATE OF RESIDENCE
C. EMPLOYEE PERFORMS SERVICES IN TEXAS & ONE OR MORE OTHER STATES AND EMPLOYEE RESIDES IN ONE OF THE OTHER STATES. EMPLOYER MAY ELECT COVERAGE IN 1 OF THE STATES WHERE SERVICES PERFORMED
5. SERVICES OUTSIDE U.S. A. EMPLOYEE PERFORMS SERVICES OUTSIDE THE UNITED STATES. PLEASE CONTACT THE TEXAS WORKFORCE COMMISSION.
NEWLY LIABLE EMPLOYERS CAN FIND OUT MORE INFORMATION REGARDING LIABILITY CRITERIA AND CAN ESTABLISH A NEW STATE UNEMPLOYMENT TAX ACCOUNT ONLINE BY SELECTING REGISTER FOR A NEW TAX ACCOUNT.
REVISED 9-04-02

E-MAILPlease e-mail questions or comments to tax@twc.state.tx.us
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Last Verified: September 30, 2011

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Last Revision: September 30, 2011