To be clear, international independent contractors aren't 1099 workers. But because “1099” is the IRS code for U.S.-based contract workers, U.S. companies may associate “1099” with all contractors, regardless of where the contractors are based.
If you're looking to hire contractors in another country, India is an excellent option. Shared language, political alliances, and cultural affinities between India and the US have inspired many American companies to employ talent in India, and India remains a top destination.
The short answer is yes, you can work from India for a US company even if you're not a US citizen. The globalization of the workforce and advancements in communication technology have made remote work a viable and increasingly popular option.
It is important to note that foreign independent contractors must comply with the immigration laws and regulations of the country where they are providing their services. They may need to obtain work permits or visas to legally work in the United States or any other country where they are contracted.
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.
Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits. The US company may also need to file Form 1099-NEC if certain conditions are met, though this is more common for domestic contractors.
8BENE for NonUSResident Entity Contractors. Form 8BENE is designed for nonresident alien (NRA) contractors operating as entities rather than sole traders. This form allows contractor entities to claim reductions or exemptions from US withholding tax based on their foreign tax residence, just like Form 8BEN.