“U.S.-source compensation payments made by a U.S. business to a non-U.S. individual who is an independent contractor and who is not treated as a U.S. tax resident for the taxable year will generally be subject to 30% gross withholding.”
This is a key point in understanding how can a US company hire a foreign independent contractor. As long as the contractor complies with the tax and legal requirements of their home country and the U.S., they can provide services to a U.S. company without being considered an employee.
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.
While this opens doors to diverse talent and skill sets, it also introduces unique challenges in terms of tax compliance. One critical aspect of this compliance involves Form 1099, which US-based businesses may need to issue to foreign contractors for reporting payments made during the tax year.
From the IRS's perspective, business income collected through a P2P app is no different from any other transaction that goes through a traditional bank account. Businesses are still required to report any payments received through Venmo and PayPal as taxable income when filing taxes.
New reporting requirements So if you receive $600 or more in payments for services or goods through Venmo, you won't receive a Venmo 1099-K. Instead, the IRS will follow the old regulation for one more year. The Venmo 1099 K will be issued to people that meet these criteria: Earning at least $20,000 during the year.