If I paid a contractor over $600 in 2019 and they are in Guatemala - do I still need to create a 1099 form?

[pk · Accepted solution]

@gcoxusa , the purpose of the information filings such as 1099-misc to a contractor is (a) for the IRS to know that the contractor has earned an amount and (b) for the contractor to use this in his/her own individual return.  Thus it is  only applicable to US tax payers.

Your  post , however does raise a few other questions --  (a) are you US citizen/Resident/Resident for tax purposes ?  (b) Is you tax home in the USA or are you living in a foreign country ( Guatemala ) ?  (c) Or is this a case where you are residing in the  USA but are paying a local contractor in Guatemala to provide service to you for asset in Guatemala?  (d) Or, you are residing in the USA but had work done for you here by a person whom has returned to Guatemala ? Or (e)  ??

I ask because  where as, the 1099-misc usage may not be applicable  but there may other tax situation/issues here based on the answers to my questions.

pk 

[gcoxusa]

I did not see the original reply until now. I was in the process of entering my taxes in Turbo Tax when I posted the question ... which seemed to go off into Never-Never Land. I never could located the post, or the reply, as I did not see any links to this community on any screens. Very frustrating. Anyway, I will answer the questions for whatever that is worth.
- - - -
(a) are you US citizen/Resident/Resident for tax purposes ?
- - - Yes.
(b) Is you tax home in the USA or are you living in a foreign country ( Guatemala )?
- - - Yes, USA tax home.
(c) Or is this a case where you are residing in the USA but are paying a local contractor in Guatemala to provide service to you for asset in Guatemala?
- - - Yes, residing in USA, paying a Guatemala resident for work in Guatemala.
- - - and if that interests you here is a link: Tikal National Park Guatemala in 4K: https://youtu.be/vrgn9NQ2-0Y

Excellent questions. Thanks for reply.

[pk]

@gcoxusa ,  first my apologies for the delay in responding --- please excuse.

Second, from your post what I gather is  you a citizen/resident( Green Card) / resident for tax purposes and being taxed on your world income, owned some property in Guatemala and where you paid an amount  over the six hundred  US$.  You now want to know if you need to report this payment to a citizen of Guatemala, whom performed work for you and in Guatemala.  The  answer is NO -- you do not report this to the IRS because  the recipient is not a US tax filer -- it local income for him/her and under the US Guatemala tax agreement, this is ONLY taxable in Guatemala.     Also note that this work that was done for in Guatemala is for a business where you derive income, you will have to file proper paperwork ( generally schedule C or Schedule-E ) and show  this payment as an expense against the gross income from such business ( whatever type it is ).

Does this make sense  and  does this help you in your filings.  If you need more help, just add to this thread.

stay safe