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Get your taxes done using TurboTax
I don't know all the exact rules on this, but in general:
First, if you make payments to foreign persons or corporations and don't have their tax information on a form W-8, you are required to withhold 30% for taxes. You would issue a form 1042-S to the payee, withholding 30% which you send to the IRS. The vendor gets that withholding back if they file a proper non-resident income tax return. (The mandatory withholding requirement is to "encourage" foreign persons to file US tax returns for US-sourced income.)
To avoid mandatory withholding, the payee/vendor must give you the correct form W-8BEN (there are several versions depending on if they are a sole proprietor, a corporation, or something else.). See generally here https://www.irs.gov/pub/irs-pdf/iw8.pdf
If you have the correct form W-8BEN for the payee, you don't need to withhold tax and you don't need to issue a 1099-MISC. You keep the W-8BEN in your records to show to the IRS (if audited) why you did not withhold tax on payments to this foreign person.
If you don't have form W-8BEN for your foreign payees (and don't get them soon), and didn't withhold the mandatory 30%, you may have a serious compliance problem and I would suggest meeting with a tax expert to review the rules so you can get yourself out of trouble and prevent getting into new trouble.
See also this https://www.irs.gov/publications/p515
First, if you make payments to foreign persons or corporations and don't have their tax information on a form W-8, you are required to withhold 30% for taxes. You would issue a form 1042-S to the payee, withholding 30% which you send to the IRS. The vendor gets that withholding back if they file a proper non-resident income tax return. (The mandatory withholding requirement is to "encourage" foreign persons to file US tax returns for US-sourced income.)
To avoid mandatory withholding, the payee/vendor must give you the correct form W-8BEN (there are several versions depending on if they are a sole proprietor, a corporation, or something else.). See generally here https://www.irs.gov/pub/irs-pdf/iw8.pdf
If you have the correct form W-8BEN for the payee, you don't need to withhold tax and you don't need to issue a 1099-MISC. You keep the W-8BEN in your records to show to the IRS (if audited) why you did not withhold tax on payments to this foreign person.
If you don't have form W-8BEN for your foreign payees (and don't get them soon), and didn't withhold the mandatory 30%, you may have a serious compliance problem and I would suggest meeting with a tax expert to review the rules so you can get yourself out of trouble and prevent getting into new trouble.
See also this https://www.irs.gov/publications/p515
‎June 1, 2019
9:56 AM