Paying Foreign Independent Contractors Within Canada In Minnesota
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FAQ
Form 1099-NEC and 1099-MISC: If your business pays a foreign contractor with a temporary TIN (ITIN) $600 or more for services provided within the United States, then you can file Form 1099-NEC or Form 1099-MISC to report these payments to the IRS.
Yes, Canadian contractors can work in the US, but they must adhere to specific visa and work permit requirements. Generally, Canadian citizens have the advantage of being eligible for a nonimmigrant NAFTA Professional (TN) visa, which allows them to work in certain professional occupations in the US.
Canadian contractors are not subject to US tax reporting requirements like Form 1099 because they are not US residents or citizens. Instead, Canadian contractors may receive their own country's equivalent tax forms or documentation from their clients or employers in Canada, depending on local tax regulations.
Canadian contractors are not subject to US tax reporting requirements like Form 1099 because they are not US residents or citizens. Instead, Canadian contractors may receive their own country's equivalent tax forms or documentation from their clients or employers in Canada, depending on local tax regulations.
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.
Instead of filling out a 1099, when you hire Canadian contractors, you should request a completed W-8BEN from them. This form ensures compliance with the IRS and the Canada-US tax treaty; without it, you are required to withhold and remit 30% tax on all contractor earnings.
Can a Non-US Citizen Be an Independent Contractor? 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.