Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits. The US company may also need to file Form 1099-NEC if certain conditions are met, though this is more common for domestic contractors.
US company hiring a foreign independent contractor living abroad. The US company doesn't need to report the payments they made to the foreign independent contractor to the IRS if they are not US-sourced income. The company also doesn't need to withhold any tax.
Hiring international independent contractors can be a simple solution for meeting your global staffing needs, but only if you thoroughly understand how to work with contractors in their host country in order to minimize the risk of employee misclassification.
Essentials of Forming an Agreement: Parties - There must be two or more parties to form an agreement. Offer or proposal - The proposal must be made by one party to the other. The person(s) to whom the proposal has been made must clearly understand all the aspects and terms of the proposal.
Working overseas as a contractor offers a multitude of benefits beyond just financial compensation. Contractors have the opportunity to explore new cultures, meet people from different backgrounds, and savor exotic cuisines.
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.
The W-8BEN and W-8BEN-E forms are essential for foreign independent contractors and businesses. They help verify the contractor's country of tax residence, enabling them to claim deductions or exemptions from US taxes.
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.