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June 26, 2020
Question

I paid foreign contractors with income received from 1099-K. How would I reflect that properly?

  • June 26, 2020
  • 1 reply
  • 0 views

I receive payments through Paypal. The Paypal account is solely in my name. However, I regularly distribute payments to two foreign contractors for services rendered related to my online business. I have full records of how many payments I have made, when payments were made, the amounts, etc. 1. Would I still enter the total amount listed on the 1099-K or deduct the payments I've made? 2. Would I have to send 1099-Misc to each foreign contractor, even if they solely conduct business from overseas? 3. Would I have to register for an EIN? 4. Is there a cap on deductions for self-employed income? Thank you. 

    1 reply

    Employee
    June 29, 2020

    @conwaynavarro , assuming that your business is US ( sole proprietor )  business, that you are US citizen/Resident( Green Card) and that the  foreign service providers are not US citizen/Resident then the following are the answers to your questions:

     

    1. On your personal return ( i.e. on Schedule-C ) you report all the income i.e. the total 1099-K gross reported, you then show all the expenses including amounts paid to foreign contractors -- use US$ exchange rate of the day or average for the month.

    2.  You do not report the payments made to foreign contractors on 1099-MISC  ( those are only when payment is made to US persons with SSN/ITIN )

    3. These contractors are independent  foreign contractors for US purposes -- they are not your employees ( hence no W-2) -- you need EIN ONLY when you plan to have employees.  However many states require registration of a business -- please check with your state if you need to register.

    4.  Expenses for a business are not capped  but the assumption always is that your motivation is to make profit.  Thus  3 of 5 years in the business you must show profit or the IRS will conclude that this is a hobby and not  a profit making entity.

     

    Is there more I can do for you?