Pay Foreign Independent Contractor With Paypal In Fulton
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This is a key point in understanding how can a US company hire a foreign independent contractor. As long as the contractor complies with the tax and legal requirements of their home country and the U.S., they can provide services to a U.S. company without being considered an employee.
The IRS requires a flat 30% withholding on ALL types of payments to foreign national individuals UNLESS: The individual has a U.S. tax identification number (SSN or ITIN) and qualifies for a tax reduction under the tax treaty between the U.S. and their country of tax residency.
Exemption from withholding To qualify for this exempt status, the employee must have had no tax liability for the previous year and must expect to have no tax liability for the current year. A Form W-4 claiming exemption from withholding is valid for only the calendar year in which it's furnished to the employer.
Payments to a foreign corporation in exchange for personal services performed in the US by either a US citizen or alien is considered to be US-sourced income and is usually subject to withholding. (Can be wages or self-employment income.)
All persons ('withholding agents') making US-source fixed, determinable, annual, or periodical (FDAP) payments to foreign persons generally must report and withhold 30% of the gross US-source FDAP payments, such as dividends, interest, royalties, etc.
While this opens doors to diverse talent and skill sets, it also introduces unique challenges in terms of tax compliance. One critical aspect of this compliance involves Form 1099, which US-based businesses may need to issue to foreign contractors for reporting payments made during the tax year.
Foreign vendors do not complete the Substitute Form W-9; foreign persons or entities must submit one of five available forms. The vendor must determine the one most appropriate to their United States tax status for reportable transactions.
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.