It is important to note that foreign independent contractors must comply with the immigration laws and regulations of the country where they are providing their services. They may need to obtain work permits or visas to legally work in the United States or any other country where they are contracted.
Hiring international independent contractors can be a simple solution for meeting your global staffing needs, but only if you thoroughly understand how to work with contractors in their host country in order to minimize the risk of employee misclassification.
If you're looking to hire contractors in another country, India is an excellent option. Shared language, political alliances, and cultural affinities between India and the US have inspired many American companies to employ talent in India, and India remains a top destination.
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.
To be clear, international independent contractors aren't 1099 workers. But because “1099” is the IRS code for U.S.-based contract workers, U.S. companies may associate “1099” with all contractors, regardless of where the contractors are based.
1099s for US Contractors Abroad You will then use these forms to report your worldwide income on your US tax return. Foreign clients may not be required to send you a Form 1099. In that case, you will be responsible for tracking your own income so you can report it accurately on your US taxes.