Paying Foreign Independent Contractors For Work In Massachusetts
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FAQ
Form W-8BEN-E 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 W-8BEN.
Form 1099 is used to report payments made to an independent contractor. Expat business owners may need to file Form 1099 when working with contractors abroad. Failing to file Form 1099 as required could result in penalties.
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.
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.
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.
The tax forms for international contractors aren't the same as those self-employed Americans sign. Instead of a W-9, each new foreign contractor should sign and submit Form W-8BEN, which certifies that they don't need to submit forms to the IRS because they aren't a citizen of the United States.
Massachusetts does not recognize any out-of-state contractor licenses. A Massachusetts-issued CSL is required for any applicable work on buildings or structures in the state. Out-of-state businesses must register as home improvement contractors if they plan to perform this type of work in Massachusetts.
