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US company hiring a US citizen living abroad US citizens are subject to the same tax rules regardless of their location. The IRS will still consider an independent contractor as a US citizen if they perform the service abroad, even if the contractor is technically a tax resident of another country.
Independent contractors are subject to Self-Employment Tax. Companies hiring them don't have to withhold income taxes or pay Social Security, Medicare, or Unemployment tax.
1. PURPOSE. To establish a legal contract between the college and individuals who provide a service to the college and to determine whether an individual is an independent contractor or an employee based on Internal Revenue Service criteria.
No, a person who has no immigration status is not permitted to work in the U.S. as an independent contractor.
Usually, it is illegal to hire only U.S. citizens. In fact, the Immigration and Nationality Act (INA) forbids employers from requiring U.S. citizenship for employment, unless specifically instructed to by law or federal government contract.
How to approach paying foreign contractors. There is no requirement for U.S. companies to file an IRS 1099 Form to pay a foreign contractor. But as noted above, the company should require the contractor file IRS Form W-8BEN, which formally certifies the worker's foreign status.
You have no obligation to withhold taxes for your foreign independent contractors. However, even without tax withholding, tax reporting is still necessary if the income from foreign contracts is US-sourced.
Federal law prohibits employers from hiring undocumented immigrants, but there is no law prohibiting an undocumented immigrant from starting his or her own business or becoming an independent contractor.
Yes! Classify nonresident aliens as either an independent contractor or an employee using the same rules as you use for U.S. Citizens who work for you. Check out the Independent Contractor (Self-Employed) or Employee page on IRS.gov for details.