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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.
Today's companies have unprecedented access to the world's best talent. Thanks to remote technology (and the normalization of remote work), companies can hire independent contractors and manage remote workers worldwide: a company in the US can collaborate with freelancers in Argentina, Japan, South Africa, or Spain.
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.
Do you issue a 1099 form to international contractors? You do not need to issue or collect Form 1099-NEC from your international contractor. Form 1099 is only used if the company and contractor are based in the U.S. Form W-8BEN declares the contractor's foreign status and will suffice.
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.
IRS Form W-8 Submission 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.
The form confirms that the contractor isn't a U.S. citizen and isn't working within the United States. If both of these things are true, the contractor isn't subject to American taxes. Without this form, you must withhold 30% of your payments to foreign contractors for taxes.
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.
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.
4 drawbacks of hiring independent contractors Contractors have their own autonomy. They manage their hours, work on their own time, and have a say over how they'd like to work on their projects. As a result, you have less control over their work than you would with a full-time employee at your company.
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.