Without this form, you must withhold 30% of your payments to foreign contractors for taxes. IRS Form W-8BEN-E is similar but is for foreign businesses rather than individuals. For example, if you work with a foreign contractor who has formed a business entity, they may need to file W-8BEN-E instead of W-8BEN.
Under US domestic tax laws, a foreign person generally is subject to 30% US tax on the gross amount of certain US-source income.
Form 1099-NEC and 1099-MISC: If your business pays a foreign contractor with a temporary TIN (ITIN) $600 or more for services provided within the United States, then you can file Form 1099-NEC or Form 1099-MISC to report these payments to the IRS.
Arizona determines state taxes using your federal adjusted gross income (AGI). Consequently, any foreign income excluded on your federal return will also be excluded from your Arizona return. If you need to file a federal return, you must also file an Arizona state return.
Federal Withholding Tax and Tax Treaties In most cases, a foreign national is subject to federal withholding tax on U.S. source income at a standard flat rate of 30%. A reduced rate, including exemption, may apply if there is a tax treaty between the foreign national's country of residence and the United States.
Nonresidents are subject to Arizona tax on any income earned from Arizona sources. Nonresidents may also exclude income Arizona law does not tax. Individuals subject to tax by both Arizona and another state on the same income may also be eligible for a tax credit.
10 states have workday withholding thresholds for nonresident employees. Arizona. Connecticut. Hawaii. Illinois. Louisiana. New Mexico. New York. North Dakota.
If the employee working in Arizona is not an Arizona resident, withholding of Arizona state income tax is required once the employee has been working in Arizona for 60 days.
Federal Withholding Tax and Tax Treaties In most cases, a foreign national is subject to federal withholding tax on U.S. source income at a standard flat rate of 30%. A reduced rate, including exemption, may apply if there is a tax treaty between the foreign national's country of residence and the United States.