Massachusetts International Independent Contractor Agreement
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FAQ
Yes! Classify nonresident aliens as either an independent contractor or an employee using the same rules as you use for U.S. Citizens who work for you. Check out the Independent Contractor (Self-Employed) or Employee page on IRS.gov for details.
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.
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.
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.
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.
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.
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).
However, even without tax withholding, tax reporting is still necessary if the income from foreign contracts is US-sourced. If you are a US company paying international contractors, you need to report that amount to the IRS using Form 1042 and 1042-S, Foreign Persons' US Source Income Subject to Withholding.
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.
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.
