The IRS requires a flat 30% withholding on ALL types of payments to foreign national individuals UNLESS: The individual has a U.S. tax identification number (SSN or ITIN) and qualifies for a tax reduction under the tax treaty between the U.S. and their country of tax residency.
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.
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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.
All foreign earned income (for the individual taxpayer) should be combined on to one Form 2555. Up to two Forms 2555 can be e-filed per return, one for each taxpayer. Note. Once you choose to exclude your foreign earned income, that choice remains in effect for that year and all later years unless you revoke it.
Additional required step for US sellers Log in to your PayPal account. Click the Business Profile icon next to "Log Out" and select Profile and settings. Click My selling tools. To enable International payments, Untick the Block payments from users who ''Have non-US (UK etc) PayPal accounts''.
Generally, the steps to hiring a foreign contractor are similar to hiring an independent contractor from the US. The differences lie in the laws you'll need to be compliant with, including both labor laws and relevant tax regulations. You're not just subject to the laws of the US.