1099s for US Contractors Abroad You will then use these forms to report your worldwide income on your US tax return. Foreign clients may not be required to send you a Form 1099. In that case, you will be responsible for tracking your own income so you can report it accurately on your US taxes.
The W-8BEN and W-8BEN-E forms are essential for foreign independent contractors and businesses. They help verify the contractor's country of tax residence, enabling them to claim deductions or exemptions from US taxes.
Passed in 2019, AB-5 implemented a stricter test for classifying workers as contractors in California. It led to thousands of truck drivers being classified as employees entitled to minimum wage, benefits and job protections.
Form 1099 is used to report payments made to an independent contractor. Expat business owners may need to file Form 1099 when working with contractors abroad. Failing to file Form 1099 as required could result in penalties.
However, the IRS doesn't require a company to withhold taxes or report any income from an international contractor if the contractor is not a U.S. citizen and the services provided are outside the U.S. filing forms 1099 is required if: The contractor is located internationally but is a U.S. citizen.
Foreign independent contractors must submit IRS Form W-8BEN (for individuals) or IRS Form W-8BEN-E (for entities) to the US company they work for. This form certifies the contractor's foreign status and can help reduce or eliminate withholding tax on payments. Purpose: Certifies foreign status.
Form 1099-NEC and 1099-MISC: If your business pays a foreign contractor with a temporary TIN (ITIN) $600 or more for services provided within the United States, then you can file Form 1099-NEC or Form 1099-MISC to report these payments to the IRS.
Structure payments on a per-project basis, and require the contractor to submit invoices. Avoid salary payments, hourly payments, or any guaranteed “retainer” that is not tracked to performance. Specify the conditions for termination of the relationship—and do not make the arrangement terminable at will.
Passed in 2019, AB-5 implemented a stricter test for classifying workers as contractors in California. It led to thousands of truck drivers being classified as employees entitled to minimum wage, benefits and job protections.