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The company is usually the party responsible for withholding any required tax when it pays a foreign contractor for services performed in the United States. The rate is generally 30% of the payment amount.
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How to approach paying foreign contractors. There is no requirement for U.S. companies to file an IRS 1099 Form to pay a foreign contractor. But as noted above, the company should require the contractor file IRS Form W-8BEN, which formally certifies the worker's foreign status.
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. However, the company does need to collect W-8BEN(E) as proof of the contractor's status.
Form W-8 is necessary for all foreign contractors who perform work for US-based employers. If a contractor doesn't submit a completed form timely or they provide invalid information, they may need to pay the full tax rate on their income, which is 30%.