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I've got a question a lot of people might find useful. An American company employing freelancers from another country. When do you start withholding taxes on th

I've got a question a lot of people might find useful. An American company employing freelancers from another country. When do you start withholding taxes on their income? Ever? Never? Can you just pay them a lump sum and forget about it? What are the rules for figuring out how to handle recurring freelance expenses. In our case, we're a travel magazine, employing freelance authors. Some authors are citizens of the U.S. living abroad, and others are non-citizens living in their own country or a third country.

tmpaccount 14y ago
Seconded. I'm in the opposite position, a UK freelancer taking payments and share options from the USA. Any advice or pointers to resources would be very welcome.
- camz 14y ago
  The American company is supposed to withhold the income tax on behalf of the contractor from the outset. There is no minimum payment. The moment you hire someone from international sources, you're required to withhold income tax on theie behalf. This is usually 35% of the amount paid. You effectively treating the contractor as a W2 because he's outside the united states. The international contractor recieves a 1042-S and at the end of the year the US company would file the annual report 1042 to summarize all of the 1042-S they filed. The american company would report of these payments under its quarter 941s and its annual 945 returns. The foreign contractor gets a 1042S at the end of the year and would have to file a 1040NR to get a refund of their taxes withheld. its an insane and complicated process but its all so that the IRS gets their fair shake. Most companies should be wary of hiring offshore because its actually a butt-ton of work but they never know these things until its too late. The real horror story is that this is considered payroll tax and you're ALWAYS personally liable for these taxes. Thus, any company shareholder, director or executive is personally liable for these taxes. They can levy your bank accounts anytime for restitution.
  - tstegart 14y ago
    Ugh, I was under the impression it was only applicable for people you paid more than $600 to. Well, that's a pain in the ass. How likely is it that the foreign contractor gets their taxes back? Is it possible to streamline it for them in any way? How come we don't hear much about enforcement in this area? Isn't every time you hire someone from O-desk or E-lance you have to do this? BTW, thanks for your time, its really awesome of you.
    - camz 14y ago
      Yea, I'm not surprise that you'd logically figure the 600 dollar 1099 de minimis rule would roll over to the 1042S. But, it sucks lol. Realistically, enforcement is questionable. I know that I've seen them but usually I dealt with large companies so I cant say how common it is for small businesses. Odesk and elance definitely have this problem and they're required to file them but realistically I dont know how aware they are of these issues or how they're handling them. Can't say definitively =X. But, legally they should be doing all of this as well. =)
      - tstegart 14y ago
        Thanks for taking the time to do this, its been a great resource.
    - tnorthcutt 14y ago
      From https://odesk.com/info/howitworks/client/ https://odesk.com/info/howitworks/client/: oDesk handles all financial transactions, sending secure payments to contractors across the globe. Just use our Work Diary to review hours, and we’ll take care of the rest! I think you pay oDesk, and they pay the freelancer, so you're just paying a vendor and don't have to deal with taxes.
      - camz 14y ago
        Its true, if you're using oDesk you dont need to handle the taxes. Because its their responsibility. I thought he was asking if oDesk properly handles taking care of the 1042s on their side.

tmpaccount 14y ago

Seconded. I'm in the opposite position, a UK freelancer taking payments and share options from the USA. Any advice or pointers to resources would be very welcome.

camz 14y ago
The American company is supposed to withhold the income tax on behalf of the contractor from the outset. There is no minimum payment. The moment you hire someone from international sources, you're required to withhold income tax on theie behalf. This is usually 35% of the amount paid. You effectively treating the contractor as a W2 because he's outside the united states. The international contractor recieves a 1042-S and at the end of the year the US company would file the annual report 1042 to summarize all of the 1042-S they filed. The american company would report of these payments under its quarter 941s and its annual 945 returns. The foreign contractor gets a 1042S at the end of the year and would have to file a 1040NR to get a refund of their taxes withheld. its an insane and complicated process but its all so that the IRS gets their fair shake. Most companies should be wary of hiring offshore because its actually a butt-ton of work but they never know these things until its too late. The real horror story is that this is considered payroll tax and you're ALWAYS personally liable for these taxes. Thus, any company shareholder, director or executive is personally liable for these taxes. They can levy your bank accounts anytime for restitution.
- tstegart 14y ago
  Ugh, I was under the impression it was only applicable for people you paid more than $600 to. Well, that's a pain in the ass. How likely is it that the foreign contractor gets their taxes back? Is it possible to streamline it for them in any way? How come we don't hear much about enforcement in this area? Isn't every time you hire someone from O-desk or E-lance you have to do this? BTW, thanks for your time, its really awesome of you.
  - camz 14y ago
    Yea, I'm not surprise that you'd logically figure the 600 dollar 1099 de minimis rule would roll over to the 1042S. But, it sucks lol. Realistically, enforcement is questionable. I know that I've seen them but usually I dealt with large companies so I cant say how common it is for small businesses. Odesk and elance definitely have this problem and they're required to file them but realistically I dont know how aware they are of these issues or how they're handling them. Can't say definitively =X. But, legally they should be doing all of this as well. =)
    - tstegart 14y ago
      Thanks for taking the time to do this, its been a great resource.
  - tnorthcutt 14y ago
    From https://odesk.com/info/howitworks/client/ https://odesk.com/info/howitworks/client/: oDesk handles all financial transactions, sending secure payments to contractors across the globe. Just use our Work Diary to review hours, and we’ll take care of the rest! I think you pay oDesk, and they pay the freelancer, so you're just paying a vendor and don't have to deal with taxes.
    - camz 14y ago
      Its true, if you're using oDesk you dont need to handle the taxes. Because its their responsibility. I thought he was asking if oDesk properly handles taking care of the 1042s on their side.