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.
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.
The independent contractor should complete the W-9 and return it to the business with other requested information. When should the Form W-9 be completed? Contractors should complete it at the start of their working relationship with a company.
Independent contractors generally report their income on Schedule C (Form 1040), Profit or Loss from Business (Sole Proprietorship). Also file Schedule SE (Form 1040), Self-Employment Tax if your net earnings from self-employment are $400 or more.
What to Include Party Details. The agreement will name the contractor and the client and provide the mailing addresses where invoices and correspondence can be sent. Term. The one-page contract must state the dates the contractual relationship begins and ends. Services. Compensation. Expenses. Signatures.
In summary, service agreements and independent contractor agreements are both essential legal documents used in business relationships. Service agreements are typically used for ongoing professional services, while independent contractor agreements are more suitable for specific tasks or projects.
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.
Even more important, a written independent contractor agreement helps establish a worker's independent contractor status by showing the IRS and other agencies that both you and the worker intended to create a hiring firm/independent contractor relationship, not an employer/employee relationship.