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I am a US citizen living in a foreign country. I am a Sole

 
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  • Answered by:LEV
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Customer Question

I am a US citizen living in a foreign country.

I am a Sole Proprietor.

I rent an office and have locals working in the office helping clients through the Internet. By local law they have a " Sole Proprietor" registration and are not employees. This is similar to contractors in the US. My clients pay for service through credit cards and I want to record this as US income.

I am filing a schedule C.

1) On what line to I enter their expense?

2) What do I name their expense?

Do I need to file 1099s for the workers? If so how is it possible. They are not US citizens and are working outside the US. They do not have Social Security numbers

 

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State/Country relating to question: Georgia

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Submitted: 252 days and 21 hours ago.
Category: Tax
Value: $59
Status: CLOSED

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Expert:  LEV replied 252 days and 21 hours ago.

Hi and welcome to Just Answer!
You are correct that your self-employment income is reported on schedule C.
If you are hiring contract labor - the compensation is reported on schedule C line 11.

Business expenses are the cost of carrying on a trade or business. These expenses are usually deductible if the business is operated to make a profit.

To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your trade or business. A necessary expense is one that is helpful and appropriate for your trade or business.

If you operate a business in a foreign country - that activities should be according to local regulations - employment and tax laws. In particular - all local reporting and taxes should be paid.
If you have foreign contractors who are working outside the US - you do not need to report their compensations to the IRS on form 1099MISC.
However - because you will deduct your expenses - you should be able to proof the fact of payments, and that services were performed outside the US and your business activities do not violate local laws.
In the header - see line "I" - Did you make any payments in 2011 that would require you to file Form(s) 1099 - you will answer "No" - assuming you do not have contractors in the US.

In additional - because you are living abroad...

For the person to qualify for the foreign earned income exclusion - he/she should:
-- Work and reside outside the United States for at least 330 days during the year(Physical Presence test), or
-- Meet either the Bona Fide test.
If the person qualifies, he/she may exclude up to $92,900 (2011) in foreign wages. The amount of foreign earned income exclusion fro 2012 is $95,100.

Exclusion is not granted - to receive that exclusion - the Taxpayer should file the tax return and attach the form 2555.

Please be aware that - the exclusion above will not affect self-employment taxes - only income taxes. Only earned income is excludable - income from wages and self-employment. For instance - dividends, investment income, rental income, pensions, etc - are not excludable.

Let me know if you need any help
Be sure to ask for clarification if needed.

Expert TypeTax Advisor
Category: Tax
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Answered: 8/8/2012

Experience: Taxes, Immigration, Labor Relations

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