National reference
Truck driver state income tax: only your home state taxes your pay
Haul Handbook records the federal rule: a motor carrier employee with regularly assigned duties in 2 or more states pays state income tax on that pay only in the state of residence, under 49 U.S.C. 14503(a)(1) and (c). The carrier files its information returns only with that state. Checked Nov 2, 2026.
By Haul Handbook editorial team· Updated Nov 2, 2026
The federal rule, in one sentence
No part of the compensation paid by a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135, or by a motor private carrier, to an employee who performs regularly assigned duties in 2 or more States as such an employee with respect to a motor vehicle is subject to the income tax laws of any State or subdivision of that State other than the State or subdivision of the employee's residence. The citation is 49 U.S.C. 14503(a)(1). In plain terms: a company driver whose regular routes cross state lines owes state income tax on that pay to the state they live in, and to no other state, no matter how many states the truck passes through.
In subsection (a), the term employee has the meaning given that term in 49 U.S.C. 31132, the commercial motor vehicle safety definitions section. A motor carrier or motor private carrier withholding pay under subsection (a) files income tax information returns and other reports only with the State and subdivision of residence of the employee.So the paperwork follows the same line as the tax: one state, the driver’s residence, on both the withholding and the carrier’s information returns.
Who the rule covers, and who it leaves out
The section speaks only to compensation paid to an employee. It does not address an independent contractor or owner-operator's own business income, a driver whose regularly assigned duties stay in one State, or road and fuel taxes a carrier pays on the vehicle, such as IFTA fuel tax and IRP registration.
- Covered: a W-2 driver employed by a motor carrier or a motor private carrier, with regularly assigned duties in two or more states. The residence state taxes the pay; the states on the route do not.
- Not decided by this rule:an owner-operator’s business income. That tax picture starts with how the business is formed and where it is based, which is the ground covered by forming an LLC for a trucking company and the owner-operator versus company driver comparison.
- Not a vehicle tax rule: the fuel tax a carrier settles each quarter through IFTA filing and the apportioned plate fees behind IRP registration keep running on miles and weight, exactly as before. Residence-state wage tax and per-mile road taxes answer different questions.
What a driver should check on the next pay stub
- The state withholding on the stub should be the state of residence. A second state withholding from a state the route only passes through is the error this statute exists to prevent.
- If the carrier’s terminal state is withholding instead, show payroll the citation: 49 U.S.C. 14503(a)(1) for the tax, and 14503(c) for where the carrier files its information returns.
This page records the federal rule and its limits, checked 2026-11-02 against the U.S. Code as published by the Government Publishing Office. It does not record any state’s rate, bracket or filing threshold, and it is not tax advice for a specific return. A driver whose carrier withholds in the wrong state after being shown the citation has a payroll correction to request, and a state return question a tax preparer can settle with the statute in hand.