Illinois International Independent Contractor Agreement
Description
How to fill out International Independent Contractor Agreement?
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FAQ
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.
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 companies can hire Canadians as either contractors or employees. For employers wanting to hire Canadian employees, you have two options: create a Canadian entity or engage a PEO. With a PEO, US companies can leave payroll, taxes, and compliance in the hands of experts.
If you wish to engage a contractor to provide your business services, it is recommended that you enter into a Contractor Agreement. This is especially important when it comes to hiring a foreign contractor as language barriers and cultural differences can lead to miscommunication.
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.
In the U.S., companies that engage with independent contractors require them to complete an IRS 1099 form to comply with American tax laws. U.S.-based companies paying international contractors should have contractors fill out an IRS Form W-8BEN, which certifies their foreign status in the eyes of the U.S. government.
2. Tax obligations. You have no obligation to withhold taxes for your foreign independent contractors. However, even without tax withholding, tax reporting is still necessary if the income from foreign contracts is US-sourced.
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.
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.
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.