North Carolina International Independent Contractor Agreement
Description
How to fill out International Independent Contractor Agreement?
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FAQ
1. PURPOSE. To establish a legal contract between the college and individuals who provide a service to the college and to determine whether an individual is an independent contractor or an employee based on Internal Revenue Service criteria.
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.
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.
There are no legal prohibitions in the US against hiring remote workers abroad, so the focus needs to be on compliance in the foreign country.
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.
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.
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.
In the U.S., companies that engage with independent contractors require them to complete an IRS 1099 form to comply with American tax laws. U.S.-based companies paying international contractors should have contractors fill out an IRS Form W-8BEN, which certifies their foreign status in the eyes of the U.S. government.
U.S. employers cannot just assume they can pay an individual living in another country to perform work for them in that country without establishing an employment relationship. Even where self-employment is found to be the accurate classification, taxes and fees may still be due in other countries.