Paying Foreign Independent Contractors Within Canada In Ohio
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You likely need to set up your own US company and pursue an E-2 visa to work in the US as an independent contractor.
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.
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.
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.
Having the Right Paperwork The USMCA agreement between the US, Canada, and Mexico replaced the NAFTA agreement in mid-2020. Among several other benefits, it means that Canadians who have obtained a contract or position in a qualifying profession can work in the US under a TN NAFTA non-immigrant status.
1099s for US Contractors Abroad You will then use these forms to report your worldwide income on your US tax return. Foreign clients may not be required to send you a Form 1099. In that case, you will be responsible for tracking your own income so you can report it accurately on your US taxes.