Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #4  
Old 08-15-2004, 06:32 PM
DaveR
Guest
 
Posts: n/a
Default Re: Reporting Payments to Foreign Consultant

mark[at]youronlinecpa.com (Mark Haymore) wrote:
- quote -

> DaveR <NOSPAM_drubin[at]NOSPAM_i-2000.com> wrote:

> > We are a LLC taxed as a Partnership. We paid a subcontractor
> > located in Greece. I have not been able to find definitive
> > information on how to report to the IRS (if necessary).
> > > We received a W-8BEN form and therefore did not withhold any

> > taxes. I believe we may need to report the payments to the
> > IRS using form 1042-S, but then I've also heard that it may
> > not be necessary.
> > > Any advice would be appreciated.


> According to my research in this area, the source of the
> income determines the type of reporting. If the payments
> were for personal services conducted in Greece, nothing
> would need to be reported to the IRS as it would not be
> considered "US Source" income. I'm not sure if Greece would
> require some type of report that you might be obligated by
> treaty or otherwise to submit.


This is what I found as well.

So I should not be concerned that I will be reporting
consulting expenses on my Partnership Return Form 1065,
without any corresponding documentation submitted to the IRS
indicating the destination of those payments?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #3  
Old 08-07-2004, 07:42 AM
Mark Haymore
Guest
 
Posts: n/a
Default Re: Reporting Payments to Foreign Consultant

DaveR <NOSPAM_drubin[at]NOSPAM_i-2000.com> wrote:

- quote -

> We are a LLC taxed as a Partnership. We paid a subcontractor
> located in Greece. I have not been able to find definitive
> information on how to report to the IRS (if necessary).
> We received a W-8BEN form and therefore did not withhold any
> taxes. I believe we may need to report the payments to the
> IRS using form 1042-S, but then I've also heard that it may
> not be necessary.
> Any advice would be appreciated.


According to my research in this area, the source of the
income determines the type of reporting. If the payments
were for personal services conducted in Greece, nothing
would need to be reported to the IRS as it would not be
considered "US Source" income. I'm not sure if Greece would
require some type of report that you might be obligated by
treaty or otherwise to submit.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #2  
Old 08-04-2004, 05:16 AM
Hamlet the Prince
Guest
 
Posts: n/a
Default Re: Reporting Payments to Foreign Consultant

DaveR <NOSPAM_drubin[at]NOSPAM_i-2000.com> wrote:

- quote -

> I'm pretty sure withholding is NOT necessary based on the
> US-Greece treaty.
> As for reporting, I'm just not sure. I'm accustomed to
> sending form 1099 to US-based contractors. Based on my
> research it seems that I do NOT have to report these
> payments to the IRS, but I want to be sure to follow the
> rules.


Assuming that the US-Greece treaty reduces the withholding
tax to zero, I believe that you still have to file Form
1042-S and you probably also have to file the form (I forget
the number) for "Treaty-based return positions".

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #1  
Old 07-31-2004, 05:32 AM
DaveR
Guest
 
Posts: n/a
Default Re: Reporting Payments to Foreign Consultant

Bryan Kellar" <bryan[at]oregontaxhelp.com> wrote:
- quote -

> "DaveR" <NOSPAM_drubin[at]NOSPAM_i-2000.com> wrote:

> > We are a LLC taxed as a Partnership. We paid a subcontractor
> > located in Greece. I have not been able to find definitive
> > information on how to report to the IRS (if necessary).


> Question back to you: What makes you think that withholding
> or reporting is necessary in this case? (That makes it
> easier to see why you might have thought differently.)


I'm pretty sure withholding is NOT necessary based on the
US-Greece treaty.

As for reporting, I'm just not sure. I'm accustomed to
sending form 1099 to US-based contractors. Based on my
research it seems that I do NOT have to report these
payments to the IRS, but I want to be sure to follow the
rules.

Unfortunately my accountant is not familiar with foreign
payments.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 07-29-2004, 11:01 AM
Bryan Kellar
Guest
 
Posts: n/a
Default Re: Reporting Payments to Foreign Consultant

"DaveR" <NOSPAM_drubin[at]NOSPAM_i-2000.com> wrote:

- quote -

> We are a LLC taxed as a Partnership. We paid a subcontractor
> located in Greece. I have not been able to find definitive
> information on how to report to the IRS (if necessary).
> We received a W-8BEN form and therefore did not withhold any
> taxes. I believe we may need to report the payments to the
> IRS using form 1042-S, but then I've also heard that it may
> not be necessary.


Question back to you: What makes you think that withholding
or reporting is necessary in this case? (That makes it
easier to see why you might have thought differently.)

Anyway, it appears that the US-Greece tax treaty may be
favorable to your subcontractor, as long as he is earning
his money there and is not present in the US over 183 days
in the year.

Bryan

--
-------- Bryan Kellar, EA
Oregon Tax Help, Inc. Portland, Oregon
www.oregontaxhelp.com
www.canadatax.org

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 07-21-2004, 03:44 AM
DaveR
Guest
 
Posts: n/a
Default Reporting Payments to Foreign Consultant

We are a LLC taxed as a Partnership. We paid a subcontractor
located in Greece. I have not been able to find definitive
information on how to report to the IRS (if necessary).

We received a W-8BEN form and therefore did not withhold any
taxes. I believe we may need to report the payments to the
IRS using form 1042-S, but then I've also heard that it may
not be necessary.

Any advice would be appreciated.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
consultant, foreign, payments, reporting
Similar Threads
Thread Forum Replies Last Post
Reporting capital gains/losses on foreign accounts
P.: I'm a Resident Alien and I have foreign bank accounts and hold stocks in them. Now my questions regarding capital gains/losses on these stocks as I...
Taxes 1 01-03-2004 03:36 AM
Tax deductions for consultant
jwv: Ok, I'm really green on this stuff, so although these are real basic questions please don't beat me up to bad. I have always had a full-time...
Taxes 4 11-18-2003 01:59 AM
Consultant Needs a Development Server
JeffP: I guess I need to buy a development server. I don't get the idea of depreciation. Who is benefits from this? If I do, I don't want to. My...
Taxes 4 08-01-2003 10:35 PM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 11:50 AM.