Hiring international independent contractors can be a simple solution for meeting your global staffing needs, but only if you thoroughly understand how to work with contractors in their host country in order to minimize the risk of employee misclassification.
Working overseas as a contractor offers a multitude of benefits beyond just financial compensation. Contractors have the opportunity to explore new cultures, meet people from different backgrounds, and savor exotic cuisines.
US company hiring a foreign independent contractor living abroad. The US company doesn't need to report the payments they made to the foreign independent contractor to the IRS if they are not US-sourced income. The company also doesn't need to withhold any tax.
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.
What to Include Party Details. The agreement will name the contractor and the client and provide the mailing addresses where invoices and correspondence can be sent. Term. The one-page contract must state the dates the contractual relationship begins and ends. Services. Compensation. Expenses. Signatures.
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.
Top ten tips in drafting and negotiating an international contract Avoiding retaliation claims. The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected.