Paying Foreign Independent Contractors With Tax In Maryland
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Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.
Yes, a non-U.S. citizen can be an independent contractor for a U.S. company. This is a key point in understanding how can a US company hire a foreign independent contractor.
Nonresident aliens who both qualified for a treaty exemption and completed the necessary paperwork (Forms W-8 BEN or 8233), may receive a Form 1042-S and/ or a Form W-2 showing their treaty exempt earnings/other wages and taxes. The Form 1042-S is required before you can complete your income tax return.
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.
Ing to IRS rules, any business “engaged in trade or business” with a U.S. citizen individual (freelancer / independent contractor), a U.S. business, or a foreign business with a U.S. citizen owner may be required to file a 1099 with the IRS, per the rules outlined above.
Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.
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.
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.)
Today, it's possible to hire independent contractors from any part of the world, thanks to improvements in technology and communications. It's a great idea to consider Mexico if you're looking to expand your team. Its proximity and strong economic ties to the US are definite advantages.