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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56550
Experience:  Licensed attorney helping employers and employees.
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I direct a small nonprofit that supports work abroad. We are

Customer Question

I direct a small US nonprofit that supports work abroad. We are hiring someone to work for us fulltime in Africa. Are they considered an employee or consultant? They will have residence abroad not in US. Do we need to pay payroll taxes for this person? Thanks.

*This should be Employment law question. I can't edit category, for some reason!!!!

Submitted: 2 years ago.
Category: Employment Law
Expert:  Infolawyer replied 2 years ago.
Hello, are you controlling the person's hours, duties? can person work for others during this time? set rates for the year?
Customer: replied 2 years ago.

Yes, I set her duties. She is concurrently working on her PhD while working for us. We want to pay her a stipend, which would include funds to go toward her medical & travel insurance.

Expert:  Infolawyer replied 2 years ago.
To avoid a lawsuit, treat person as an employee given level of control
Customer: replied 2 years ago.

So if she's an employee, payroll taxes would need to be paid in U.S. even though she is living and working for us abroad? She is U.S. citizen.

Expert:  Infolawyer replied 2 years ago.
That is correct.