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Hiring a non resident alien spouse as a contractor
Hello!
I’m self employed as a sole proprietor. I recently married a non resident alien and we live together overseas. On a part time basis, he helps me with my business for specific tasks, including translation.
Can I legally hire him as a contractor? My understanding is that he would need to fill out a W-8BEN, but that I would not need to withhold taxes or report to the IRS because he’s performing the work outside of the US.
Is this a correct assumption, and are there any other considerations I should be aware of?
He and I have a joint US bank account- can I pay him there from my business checking account? Or is cash payment an option?
I’m planning to file married filing separately and he will not file a US tax return. He does not have an ITIN. Any money he earns will be taxed in his home country,
Thank you!