Can a US company hire a Mexican contractor?

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.

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International Independent Contractor Agreement

Hiring Overseas Contractors For Veterans In Massachusetts

Category:

Contracts - Independent Contractors - International

State:

Multi-State

Control #:

US-0028BG

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The Foreign Corrupt Practices Act of 1977 resulted from bribery of foreign government officials by Lockheed Aircraft Company. This Act is designed to prevent the bribing of foreign officials in order to obtain foreign government contracts. Payments to foreign officials for â€œfacilitation,â€ often referred to as grease payments, are not prohibited under FCPA so long as these payments are made only to get officials to do their normal jobs that they might not do, or would do slowly, without some payment. These payments can be made only to secure a permit or license; obtain paper processing; secure police protection; provide phone, water, or power supply; or similar such actions.

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Each state takes its own approach to contractor license reciprocity. Some states accept licenses from contractors in neighboring states, while some states will accept licenses from states across the country. On the other hand, some states don't recognize licenses from other states at all, neighboring or otherwise.

Massachusetts does not recognize any out-of-state contractor licenses. A Massachusetts-issued CSL is required for any applicable work on buildings or structures in the state. Out-of-state businesses must register as home improvement contractors if they plan to perform this type of work in Massachusetts.

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.

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.

However, the IRS doesn't require a company to withhold taxes or report any income from an international contractor if the contractor is not a U.S. citizen and the services provided are outside the U.S. filing forms 1099 is required if: The contractor is located internationally but is a U.S. citizen.

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.

To meet the reciprocity requirements a contractor must be licensed, having passed the equivalent trade exam, and be in good standing in the reciprocal state. A license application must still be submitted and the business law exam must still be passed by the applicant in each state they want to work as a contractor.

Foreign persons who provide Form W-8BEN, Form W-8BEN-E, Form W-8ECI, or Form W-8EXP or applicable documentary evidence are exempt from backup withholding and Form 1099 reporting.

Do you need a license to be a general contractor in MA? Massachusetts general contractors who work on buildings of less than 35,000 cubic feet must have a license issued by the state. In some cases, you may also need to register as a home improvement contractor through the Office of Public Safety and Inspections.

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Hiring Overseas Contractors For Veterans In Massachusetts

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