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US tax for an owner abroad · A term for founders abroad

What is an independent contractor?

Someone who provides services on their own terms rather than as an employee; paid without payroll, and reported on Form 1099-NEC if in the US.

Read the explanation See the 2 questions

Checked against the IRS's instructions and the states' own rules. Reviewed by Saais Patel, compliance reviewer.

Topic
US tax for an owner abroad
Questions
2 answered
Sources
1 official
Reviewed by
Saais Patel

Term 59 of 105 in the glossary, filed under I.IRS: independent contractor or employee?

01 · Explained

Independent contractor, for a founder abroad.

A contractor controls how and when the work is done, uses their own tools and can work for others; an employee doesn't. The IRS looks at control, and some states, California in particular, apply a stricter test. The label in the contract doesn't decide it; how the work actually happens does.

The difference decides whether the company owes payroll taxes and follows employment law, and for a foreign-owned company whether it has taken on a US presence. US contractors on genuine contractor terms don't create one; US employees can. Each US contractor paid $2,000 or more in a year gets a Form 1099-NEC.

The W-9 and the 1099-NEC are set out in paying a 1099 contractor from a foreign-owned LLC.

Sources: IRS: independent contractor or employee?.

Read next · guide · 3 minHiring US contractors from abroad: the W-9, the 1099-NEC, and the line you must not cross
02 · Questions

What founders ask next.

Can my foreign-owned LLC hire US contractors?
Yes, paid from its US account, with a W-9 on file and a Form 1099-NEC each January for anyone paid $2,000 or more by bank transfer or cheque.
What if I need a US employee?
That means payroll registration, state employment rules and a US presence. Most foreign-owned companies use an employer of record until they're ready.

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