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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1699
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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We have just had a very valuable employee transfer with her

Resolved Question:

We have just had a very valuable employee transfer with her husband to Japan for one year. We have terminated her full time employment and would like to engage her for some remote work via the internet with our company.

We would like to know what is the easiest way for both parties to do this?
Should we keep her as a part time W2 employee or shift her to 1099 contractor status while she is overseas as we are not directly her daily activities anymore.

She is informing us that apparently has to get a $650 work permit from the Japanese government even to do part time remote work.

Q. Is it true that the Japanese govt requires this type of documentation?
Q. Which will be easier for reporting and legal purposes with both U.S. and Japanese law: W2 or 1099?
Submitted: 2 years ago.
Category: Tax
Expert:  Anne replied 2 years ago.

Anne :

HI

Anne :

Thank you for using justanswer

Anne :

You should treat your former employee as a contact worker and report her earnings on a 1099R since as you said you do not direct her daily activities

Anne :

As for the $650 fee for a work permit, I can't find that $ amount in any of the information I have in my files or on the web

Anne :

However, you may negotiate paying this for her (and include it in her 1099)

Customer:

Are there payments that have to made to the Japanese gov't if she is working as a 1099 employee remotely?

Anne :

Let me check the treaty first\

Anne :

please give me a minute

Customer:

ok

Anne :

No, there's nothing in the treaty, and frankly, I've never heard of the US paying another country to allow a US citizen to be self employed in another country

Anne :

Generally, a US company pays to bring people from other countries (H1B) visas

Anne :

not to allow someone to be self employed there

Customer:

That's what I thought. If she was a W2 employee it might be a different matter as then you get into if our company is trying to establish a presence, etc.

Anne :

exactly

Customer:

Ok, great, you confirmed my suspicions! Thanks.

Anne :

You're most welcome

Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1699
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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