Hiring A Contractor From Overseas In Texas
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Manage the paperwork Contractors must complete a Form W-9 if they're US citizens or residents and a Form W8-BEN if they're based entirely abroad. Both forms are available to download from the IRS website. From the moment the contract begins, you must store these documents for at least four years.
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.
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.
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.
If you worked as a contract worker, and received an IRS Form 1099 instead of a W-2, you may not be able to use those wages on your claim. The federal agency you worked for will tell us whether the work you did was considered federal civilian employment and can be used for unemployment claim purposes.
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.
Whether you're an employee or an independent contractor depends on the conditions of your employment, not your job title or work schedule. The law says you're an employee unless your employer can show otherwise. Your employer might have misclassified you as an independent contractor when you're actually an employee.
First, employers must seek certification through the U.S. Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the U.S. Citizen and Immigration Services for a visa.
