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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16559
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Do I need to do withholdings for a W9 contractor from Peru

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Do I need to do withholdings for a W9 contractor from Peru working on a student visa?
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

If the student is considered a resident alien for tax purposes, then there's no need to do withholding. It is only when they are non-resident aliens that backup withholding is required.

Backup withholding is also required when someone refuses to give you their social security number for 1099 payments.

Please let me know if you need any additional assistance. Thanks again for using JustAnswer.com and have a happy, and safe, 2013.


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You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Customer: replied 3 years ago.

They're on a student visa which is non-resident right? So then do I have to do backup withholding?

Yes, a student visa would make them a nonresident alien for tax purposes and you would need to do backup withholding of 30% on any payment that you make for them. They would not supply you with a W-9, they will supply you with one of the W-8 forms.

More information about tax status can be found, HERE.

Please let me know if you need anything additional. Thanks for using JustAnswer.com and have a happy , and safe, 2013.

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site*
You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Megan C and 3 other Tax Specialists are ready to help you
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