Contractors have been employed on the battlefield by the United States since the Revolutionary War.
PMCs often provide services to train or supplement official armed forces in service of governments, but they can also be employed by private companies to provide bodyguards for key staff or protection of company premises, especially in hostile territories.
In 1977, the United States Court of Appeals for the Fifth Circuit interpreted the Anti-Pinkerton Act as forbidding the U.S. government from employing companies offering "mercenary, quasi-military forces" for hire (United States ex rel. Weinberger v. Equifax, 557 F. 2d 456, 462 (5th Cir.
Defense Primer: Department of Defense Contractors Throughout its history, the Department of Defense (DOD) has relied on contractors to support a wide range of military operations. Within the defense policy community, the term contractor is commonly used in two different contexts.
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.
8BENE for NonUSResident Entity Contractors. Form 8BENE is designed for nonresident alien (NRA) contractors operating as entities rather than sole traders. This form allows contractor entities to claim reductions or exemptions from US withholding tax based on their foreign tax residence, just like Form 8BEN.
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.
Foreign remote contract workers don't require visas because they are based outside of the US. While these workers may have to come into the country occasionally to fulfill their contractual obligations, they shouldn't have any issues entering as long as they can provide proof that their stay will be temporary.
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.
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.