Colorado International Independent Contractor Agreement
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How to fill out International Independent Contractor Agreement?
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FAQ
U.S. employers cannot just assume they can pay an individual living in another country to perform work for them in that country without establishing an employment relationship. Even where self-employment is found to be the accurate classification, taxes and fees may still be due in other countries.
Generally, no Form 1099 is required for payments to foreign contractors or services performed outside the US and no withholding is required (as long as the foreign contractor is not a US person and the services are wholly performed outside the U.S).
US company hiring a US citizen living abroad US citizens are subject to the same tax rules regardless of their location. The IRS will still consider an independent contractor as a US citizen if they perform the service abroad, even if the contractor is technically a tax resident of another country.
As long as the foreign contractor is not a U.S. person and the services are wholly performed outside the U.S., then no Form 1099 is required and no withholding is required.
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.
As long as the foreign contractor is not a U.S. person and the services are wholly performed outside the U.S., then no Form 1099 is required and no withholding is required.
If the foreign contractor is not a U.S. taxpayer, and all of the contracted services were performed outside the U.S., a Form 1099 is not required. Instead, you will need to ask the contractor to complete a Form W-8BEN. The Form W-8BEN certifies that the foreign contractor is not a U.S. taxpayer.
If you pay a non-U.S. citizen who works remotely via the Internet from another country, you do not need to file a 1099 for that person. However, if the foreign worker performs any work inside the United States, you would need to file the 1099.
To be clear, international independent contractors aren't 1099 workers. But because 1099 is the IRS code for U.S.-based contract workers, U.S. companies may associate 1099 with all contractors, regardless of where the contractors are based.
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.