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.
Overseas Contractor Salary Annual SalaryHourly Wage Top Earners $94,500 $45 75th Percentile $85,500 $41 Average $79,839 $38 25th Percentile $68,500 $33
US company hiring a foreign independent contractor living abroad. The US company doesn't need to report the payments they made to the foreign independent contractor to the IRS if they are not US-sourced income. The company also doesn't need to withhold any tax.
When considering can a US company hire a foreign independent contractor, it's crucial to know the necessary forms. Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits.
Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits. The US company may also need to file Form 1099-NEC if certain conditions are met, though this is more common for domestic contractors.
Form W-8IMY - Certification of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for U.S. Tax Withholding is used for reporting payments to "flow- through entities" such as foreign partnerships or trusts.
Foreign vendors do not complete the Substitute Form W-9; foreign persons or entities must submit one of five available forms. The vendor must determine the one most appropriate to their United States tax status for reportable transactions.
Foreign persons who provide Form W-8BEN, Form W-8BEN-E, Form W-8ECI, or Form W-8EXP or applicable documentary evidence are exempt from backup withholding and Form 1099 reporting.