pk
Level 15
Level 15

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@Pongko , @Chris12122 , having read through all of the above  interaction(s) and generally agreeing with @DaveF1006  and partially with @Vanessa A , let me cover some general  points:

 

(a) US tax position as enunciated by the IRS, any and all work done in the US is  US work i.e. the earnings  is generally US sourced, (no matter where the  "employer/payor" is ) and therefore taxable  by the US. 

(b) Most tax treaties do recognize this position but some still retain the right to  tax  this outflow -- especially if the entity gets to exclude this from local taxation as wages AND the  "recipient " is a citizen of that country.

(c) tax treaties are  generally to ameliorate the effects of the possible double taxation by allowing  the income to be  resourced  to the foreign country and  avail the taxpayer of foreign tax credit  ( form 1116 ).

(d) Totalization agreement is applicable  ONLY for US persons ( Citizen/Greencard ) if they performed work in a foreign country , paid by a local entity, and "FICA" local equivalent was  collected by the local govt.  This is because irrespective  of where the  wages/self-employment is earned, a US person must still pay FICA/SECA.  Generally tax and  totalization treaties  cover this area , including what happens when the US person is repatriated and/or retired

(e)  Generally , if a US person  ( Citizen/Green Card/Resident for tax purposes ) has earnings  from a foreign source  ( including working for foreign govt. such as  embassies  and sometimes for international organization  ) and performed the work in the US, he/she is treated as  self-employed and therefore  SECA ( the full employer & employee's portion of  FICA ) is applicable --- Schedule -C , except there  may not be any "expenses" deduction available .

(f) It is generally advisable  that  one has something from the  foreign entity to show the actual amounts earned -- an annual statement of payments  should be sufficient.  Foreign entities  are not under US laws and therefore  cannot be required to provide  1099s  etc.

 

Does this clarify the situation or can I provide more info ?

pk