International Independent Contractor Agreement
Description
How to fill out International Independent Contractor Agreement?
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FAQ
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.
1099 Contractors and Freelancers The IRS taxes 1099 contractors as self-employed. If you made more than $400, you need to pay self-employment tax. Self-employment taxes total roughly 15.3%, which includes Medicare and Social Security taxes. Your income tax bracket determines how much you should save for income tax.
Terms. This is the first section of any agreement or contract and states the names and locations of the parties involved. Responsibilities & Deliverables. Payment-Related Details. Confidentiality Clause. Contract Termination. Choice of Law.
Backup withholding rules apply, currently 24% (28% in 2017). Compensation payments of U.S. source income made to nonresident aliens are subject to 30% federal withholding (unless exemption exists) and are reported on Form 1042-S, Foreign Person's U.S. Source Income Subject to withholding, not a Form 1099.
However, the IRS has special rules for a business hiring contractors from foreign countries. Such businesses will not have any tax withholding or reporting obligations in most cases where a foreign contractor performs service outside of US.
The IRS requires contractors to fill out a Form W-9, request for Taxpayer Identification Number and Certification, which you should keep on file for at least four years after the hiring. This form is used to request the correct name and Taxpayer Identification Number, or TIN, of the worker or their entity.
The self-employment tax rate is 15.3%, consisting of 12.4% for Social Security and 2.9% for Medicare. Unless you pay yourself as a W-2 employee, you'll need to pay the self-employment tax and your income tax directly to the IRS. Typically, you'll do this when you make quarterly estimated tax payments.
Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors.