Do I issue a 1099 to a foreign person?

Asked by: Mr. Rosario Cartwright  |  Last update: October 16, 2026
Score: 4.6/5 (52 votes)

Generally, you do not issue a 1099 to a foreign person (non-U.S. citizen/resident) if they perform services entirely outside the United States. Instead, you should collect Form W-8BEN (individuals) or W-8BEN-E (entities) to certify their foreign status. If they perform services inside the U.S., you may need to file Form 1042-S.

Who are we required to issue a 1099 to?

Who You're Paying. In general terms, Form 1099-MISC is issued to everyone but corporations. This includes individuals, partnerships and most professional business entities.

Can a non-US citizen work as a 1099 contractor?

Yeah, you can work as a contractor for a US company while outside of the USA. You have to give them a W-8BEN though.

How do I report US business payments to foreign individuals?

Withholding when U.S. source FDAP is paid to foreign persons, called "Chapter 3" or NRA withholding – IRC 1441–1443 and 1461–1464. You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042.

Can you issue a 1099 to a foreign person?

The general answer is no, but the question is technically open to more than one interpretation. A foreign independent contractor is not a 1099 worker in most circumstances.

Do I Need To Issue 1099 To A Foreign Contractor?

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Do you send a 1099 for a W8BEN?

W-8BEN usage

The W-8BEN is the equivalent of the W-9 for used for U.S. Persons. Tax reportable payment and associated Account Codes are posted at 1099-MISC and 1042-S Tax Reportable Payments (PDF). Use Form W-8BEN for Scholarship/Fellowship Grants if a tax treaty exemption applies.

What triggers a 1099 requirement?

A 1099 requirement is triggered when a business pays an independent contractor or unincorporated entity $600 or more (increasing to $2,000 after 2025) in a calendar year for services, or makes other specific payments like royalties or rents, requiring the payer to report these to the IRS using Form 1099-NEC (for services) or 1099-MISC (for other income), unless the recipient is a corporation (with exceptions for law firms).
 

Who do I not have to send a 1099 to?

Situations that don't require 1099s

But you won't send one to the self-employed housekeeper who cleans your home. The IRS lists other non-reportable activities, such as: Most payments to a corporation or an LLC treated as an S corporation. Rental payments to property managers or real estate agents.

Who is not issued a 1099?

Whether you have a large or small business, you must send forms to all payees with the exception of corporations and any payee earning under 600 for the year. In other words, all the self-employed independent contractors you paid over $600 in rents, services, awards, or other payments need you to send them a tax form.

Can I file a 1099 without a SSN or ITIN?

Many are issued a Tax Identification Number (TIN) by the IRS. The TIN may be used on Form 1099 instead of the SSN. If the contractor does not provide a TIN or SSN, leave the box for the TIN or SSN blank on the Form 1099. The IRS may impose a penalty if a 1099 form is submitted without a TIN or SSN.

Can undocumented immigrants do freelance work?

All immigrants regardless of legal status are able to earn a living as independent contractors, or start a business using an ITIN or SSN. An independent contractor must pay self-employment tax and income tax. An independent contractor may use an ITIN to file and pay taxes instead of a SSN.

How can a US company pay a foreign employee?

Table of Contents

  • Pay the Employee on Your Home Country's Payroll.
  • Use Secondment or Leased Employment.
  • Set Up a Legal Entity Abroad.
  • Outsource With an Employer of Record (EOR) or Professional Employer Organization (PEO)
  • Use a Global Payroll Provider.

Do I need to send a 1099 for a sponsorship?

If the gift is funneled through a sponsoring organization, and the check is made out to the sponsoring organization, then the 1099 MISC should be provided by the sponsoring organization rather than your organization.

Is it illegal to not issue a 1099?

Unfortunately, you could face a penalty from the Internal Revenue Service (IRS). The penalty for not issuing a required 1099 varies from $60 to $340 per form, depending on how far past the deadline you issue the form.

Who is exempt from sending 1099s?

In general, IRS rules allow for an exemption from issuing Forms 1099 to corporations, including limited liability companies (LLCs) that are treated as C or S corporations for tax purposes.

Who doesn't need a 1099 form?

Payments made to corporations, except those made for medical or health care services and attorney fees, are not required to be reported on Form 1099 MISC. Non-Employee payments – Non-employee payments are reported in Box 7 of Form 1099 MISC.

What are the exceptions to issuing a 1099?

Exclusions from Form 1099 for business-related payments that may be taxable include payments for merchandise, inventory, freight, and storage, as well as rent payments to real estate agents. Form 1099 applies only to unincorporated independent contractors, so any payments to corporations are excluded.

Who am I required to send a 1099 to?

You need to send a 1099 (usually Form 1099-NEC) to independent contractors, freelancers, and other non-employees you paid $600 or more for services in a tax year, like for accounting, consulting, or legal work, by January 31st of the following year; also send Forms 1099-MISC for rents, prizes, attorney fees, and other specific payments, and remember you don't send 1099s to your W-2 employees. 

What are the new rules for 1099?

New 1099 rules under the "One Big Beautiful Bill Act" (OBBBA) increase the reporting threshold for Form 1099-NEC/MISC from $600 to $2,000 for payments made after December 31, 2025 (Tax Year 2026), with inflation adjustments starting in 2027, while also reverting the Form 1099-K threshold for third-party payment networks to the original $20,000 and 200+ transactions for tax years 2025 and 2026. These changes reduce the filing burden for many businesses, though all income remains taxable and must be reported by recipients.
 

Do I have to issue a 1099 to a foreign person?

Do you need to file Form 1099 for a foreign contractor? No, you don't need to file a Form 1099 for a foreign independent contractor, even if you paid them more than $600.

What is the difference between a 1099 and a w8ben?

Generally, a 1099 is not required to be issued for international vendors who are foreign vendors. Individuals living outside the United States who qualify to file an IRS Form W-8BEN as foreign persons/foreign contractors and don't perform services in the United States, don't get a Form 1099-NEC.

Is a 1099 foreign income?

The foreign income rule also applies regardless of whether you receive a Form W-2 or a Form 1099. Foreign source income includes earned income, such as wages and tips, as well as unearned income, such as interest, dividends, capital gains, pensions, rents and royalties.