Loading...
Answers
MenuWhat are the proper requirements for hiring an overseas virtual subcontractor. How do I determine those without an expensive legal consultant?
I need to know the proper requirements for hiring an overseas virtual subcontractor. How do I determine those without an expensive legal consultant?
This is for a subcontractor for services rendered and the subcontractor resides in their own country. For instance I need to know what tax form if any they need to sign. I have heard of a W-8-BEN? Also, are there any other tax or paperwork requirements needed?
Answers
No special requirements needed for virtual subcontractor. All submission you give the government will be at your own discretion.
Hello,
Well it depends on your country of residence and the country of residence of your subcontractor.
However, what do you mean by "virtual"? They will work for you remotly but not virtual, right?
When hiring an overseas subcontractor, you should be mindful of both U.S. law and the laws of the local jurisdiction where your contractor lives or operates. When you hire a subcontractor in the U.S., you generally collect a signed Form W-9 from the contractor, which lists the contractor's name, address, taxpayer type and U.S. tax identification number (either the taxpayer's social security number or employer identification number). You may also be required to file a Form 1099 at year end to report the amount of gross payments made to the subcontractor. When hiring a non-U.S. contractor, you must still collect an IRS withholding certificate in order to verify the individual or company is not a U.S. tax resident. Individuals sign a Form W-8BEN, a corporation would complete W-8BEN-E, while a foreign partnership would complete a Form W-8IMY. It's also best to have a written and signed contractor agreement in place. You want to ensure that the relationship between you and the contractor is truly a subcontract relationship, and you do not create an employer-employee relationship.
Related Questions
-
What is the best country to start an online marketing and design business in?
I have registered over 20 companies in the last decade and from my experience I can tell you that every country serves a different purpose. I run a small gambling company that I have registered in Malta due to the legality of online gambling there. I have another company registered in Delaware, whilst my main company is registered in the Netherlands. If your business is only online I would advise you to register it in Europe or if you must in the United States in Delaware/Nevada. Credibility wise I would say that registering your company in Singapore or Malta or Costa Rica, will not benefit you much opposed to say Delaware or The Netherlands. I am available for a call if you need anymore help. I am currently doing a promotion for a one time free 15 minute phone call so just send me a message for the discount code.GS
-
In a startup with a globally-spread remote team, does it still make sense to incorporate in U.S./Delaware vs. somewhere overseas?
Delaware C-Corp I usually Delaware is the best choice for any startup looking for fundraising with a US focus. However, if you are a remote and global team, an overseas or foreign corporation or US tax purposes might make sense. You'd have to talk to an advisor who can dive into your situation, but it would be more difficult for the US owner come tax time, as he'd likely have to file form 5471 to the IRS for any controlled foreign corporation, and form 90-22.1 for any foreign bank accounts. There are a lot of other concerns I didn't hear you raise that entrepreneurs usually have and ask me about, namely banking and merchant accounts/ payment processors. In terms of accepting online payments, any US corporation or LLC is far and away the best option for a company. It's difficult to suggest without knowing more about the company but you might explore Delaware, Wyoming, Hong Kong and other offshore jurisdictions for your legal entity. Each tend to have positives and negatives and there is no one size fits all solution. I do write about issues of incorporation quite regularly on my website FlagTheory.com - so you can read those articles for free, or we can schedule a call - Clarity.fm/incorporation when you have specific questions. Thank you and hope this was helpful!EJ
-
Do companies in the U.S. have to charge a sales tax on digital products, e.g. Info products?
There are a lot of moving parts to this question. First, you need to determine in which states you have "nexus" and then determine do those states require you to charge sales tax, as each state has different rules. As an example, MA requires salesforce.com to charge sales tax to MA customers but does not require newyorktimes.com to charge sales tax. The difference is that users can manipulate data on salesforce.com vs. neworktimes.com is read only. This example can only be applied to MA, Arizona, Illinois, New York, Texas, Pennsylvania and Washington State (as of now). There are also "click-through" and "affiliate" nexus rules that need to be considered. Be careful, as state and local taxation has become a very hot due diligence issue in M&A transactions. So, if you plan to sell your business in the next few years, you want to get this right. Also, the Officers and Directors are personally responsible for uncollected Sales tax. You are best to get an expert to review your sales tax compliance, as it is a very specialized area and changing constantly. I am not an expert, but know of some firms that offer this service at a very reasonable rate. Feel free to call me. Thank you, Joe Faris Accountalent Management Corp. 45 Prospect Street Cambridge, MA 02139 Tel (978) 621-0759 Fax (978) 278-1517 Website: www.accountalent.com LinkedIn: www.linkedin.com/in/farisjoe/ Twitter: @accountalentJF
-
What's the best way to raise money for a Coworking space expansion?
If you have an existing space, why not consider leveraging the current tenants for part of the money needed? Spend some money (tenants can pitch in for that instead) in a fundraising party! Invite local band, caterer (ask for discount in exchange of promotion) have some context for the event such as idea pitching, or brownbag, etc... as the main entertainment... sell tickets for that event. Might not give you all you need but will help get there. _ aim for double what you spend at a minimum! Try gofundme.com Get in the news and ask for community support. Get infront of the local development offices ans ask for grants (this is common) as it helps development. These are just some ideas. best of luckHV
-
I'm a Canadian selling ecommerce products on Amazon (US only). Need info on cross border tax clarification & if it's time to incorporate (in US or CA)
Regarding US taxation of internet sales. Since you are a foreign entity or person (in regard to the US), and there is an income tax treaty between Canada and the US, you will not be liable for US federal income tax on internet sales unless you have a “permanent establishment” in the US with which the internet sales income is effectively connected. So as long as you do not have a warehouse, physical store, sales office, etc... in the US you don't have to file US returns or remit tax to the US. Amazon should be charging to the customer and withholding any sales tax due to a state in which your products are sold. If you sell through other merchants or directly you may have to deal with this yourself. Regarding incorporation Incorporation is almost always a good idea from a liability standpoint as it prevents a judgement for damages from taking all your property and limits the collection to what is owned by the business, With the facts you have given I would suggest incorporating in Canada unless you have a business reason to establish a physical presence in the US. This will eliminate US taxes and related compliance costs. Once you establish a US presence you will need to begin filing returns in the US even if you are running a net operating loss. If there is no benefit to having a physical presence in the US then the related compliance costs and tax would be an unnecessary expense. Feel free to setup a phone call if you would like to chat for a bit regarding the matter. ThanksDM
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.