pk
Level 15
Level 15

Deductions & credits

@PDNEP   there two kinds of  requirements regarding payments to NRA ( Non-Resident Alien )--- withholding requirement and  Reporting Requirements and generally require the use of  W-8BEN series  and 1042 series of forms.  IRC section 1441 through 1443.   Publication 515 details all these requirements.

 

In your particular case  --- you need to determine  if the income paid to foreign person is  " US sourced/connected " income .  

Here is a short part of the table  providing guidance  on income sourcing:

Summary of Source Rules for Income of Nonresident Aliens
Item of Income Factor Determining Source

Salaries, wages, other compensation

Where services performed

Business income:
Personal services
Where services performed
Business income:
Sale of inventory -purchased
Where sold

Business income:
Sale of inventory -produced

Where produced (Allocation may be necessary)

  As you see from the table  for "services performed " by an NRA  it is the  "where" that rules prime.  Thus the contractor doing the work for you  in a foreign land  is a foreign person ( NRA )  but his/her income is not US sourced / connected for purposes of section 1441/1443. 

for ref see this  -->https://www.irs.gov/individuals/international-taxpayers/nra-withholding

 

 

 

Therefore my conclusion that you have no reporting nor withholding requirements  for this NRA payments

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