Human Resources

Hiring international employees

Is there any IRS requirements of recordkeeping like w9 for US 1099 Persons?

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Answer

  1. 74 Answers

    Hi in your header you mention hiring international employees but in the question, you mention 1099 contractors. In assuming you are asking about hiring international contractors, the contractor should complete a form W-8BEN for you to keep on file. As long as the work is being performed by the contractor outside of the US and the contractor is outside of the US there is no withholding requirement for taxes and you would not issue the contractor a 1099 at year-end.

  2. 1 Answers

    But if they are hired with Upwork I don’t need to give them a W-8BEN Right?

  3. 29 Answers

    If you are using Upwork, please see here for tax requirements & filings: https://support.upwork.com/hc/en-us/articles/211067918-Tax-Requirements

    “If you classify your freelancer as an independent contractor, you don’t need to file a Form 1099-MISC for your payments to them through Upwork. While all freelancers submit their information for Form W-9 (U.S.-based) or Form W-8BEN (international) to Upwork, Upwork doesn’t send freelancers Form 1099-MISC, either. We do file a Form 1099-K when applicable (to freelancers who are U.S. Persons and receive over $20,000 with more than 200 transactions through Upwork).”

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