North Dakota International Independent Contractor Agreement
Description
How to fill out International Independent Contractor Agreement?
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FAQ
Yes! Classify nonresident aliens as either an independent contractor or an employee using the same rules as you use for U.S. Citizens who work for you. Check out the Independent Contractor (Self-Employed) or Employee page on IRS.gov for details.
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
The main pieces of employment legislation, chief among which are the Labour Relations Act 66 of 1995 (LRA) the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA), apply to employees and not independent contractors.
Independent contractors are subject to Self-Employment Tax. Companies hiring them don't have to withhold income taxes or pay Social Security, Medicare, or Unemployment tax.
US company hiring a US citizen living abroad US citizens are subject to the same tax rules regardless of their location. The IRS will still consider an independent contractor as a US citizen if they perform the service abroad, even if the contractor is technically a tax resident of another country.
Generally, no Form 1099 is required for payments to foreign contractors or services performed outside the US and no withholding is required (as long as the foreign contractor is not a US person and the services are wholly performed outside the U.S).
The company is usually the party responsible for withholding any required tax when it pays a foreign contractor for services performed in the United States. The rate is generally 30% of the payment amount.
How to approach paying foreign contractors. There is no requirement for U.S. companies to file an IRS 1099 Form to pay a foreign contractor. But as noted above, the company should require the contractor file IRS Form W-8BEN, which formally certifies the worker's foreign status.
You have no obligation to withhold taxes for your foreign independent contractors. However, even without tax withholding, tax reporting is still necessary if the income from foreign contracts is US-sourced.
Employees in South Africa are entitled to certain minimum employment benefits, while independent contractors are not. Subject to some exclusions, all employees are entitled to a number of statutory minimum entitlements and basic conditions of employment.
