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camzOP

Phil Hodgens made an important and valid point to me that, I should've explained that the withholding only applies to "Effectively Connected Income" or ECI. This is mean that services performed within the united states or earned in the united states.

Thus, if the services are performed outside the country, then they wouldnt be required to withhold taxes. But, you'd still have to file the 1042 informational returns.

Ok, now I'm unclear again. So if a British author living in England writes a story for us and we pay them $1000, we don't have to withhold anything? To use a better example for HN, if you hire a programmer from Europe to do some work and they permanently live in Europe and do the work in Europe, what are the rules for withholding?

camzOP

Then you wouldn't be required to withhold income tax for them because it isn't done in the united states and isnt effectively connected with the united states.

The 1042 and 1042s are withholding forms, but you'd still be required to file them. For informational purposes.

You rock Cam! Thanks for taking the time to share your knowledge.

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