Do I have to prepare a 1099-Misc for a foreign contractor who performed services related to a foreign rental property?

Forum|Forum|6 years ago
May 31, 2019
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Best answer by view2

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.

However (Treas. Reg. §1.1441-1(b)(3)), it is generally easier to ask them to complete a Form W-8BEN. By signing Form W-8BEN, the foreign contractor is certifying that he or she is not a U.S. person.

The Form W-8BEN is not filed with the I.R.S. It is kept on file with the U.S. payor in case the U.S. payor is audited. If audited, the Form W-8BEN supports why no Form 1099 was issued and why no tax was withheld.

view2Answer

Employee

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.

However (Treas. Reg. §1.1441-1(b)(3)), it is generally easier to ask them to complete a Form W-8BEN. By signing Form W-8BEN, the foreign contractor is certifying that he or she is not a U.S. person.

adamshrum

Employee

ok, thanks for the great advice. I read somewhere that Elance/Odesk has the contractor fill out W-8BEN. I'm still confused though should I be reporting the expenses as contract labor or professional fees?