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Services performed in the U.S. by a foreign consultant

June 29, 2023
June 29, 2023

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Q. Our company has consultants based in India. Until recently, all work was performed in India. However, one of the two partners (company is a considered a partnership) just spent 30 days at our site in U.S.We have requested a W-8 and the company has not provided any documentation; they are confused by the request. Is there a tax treaty with India that exempts them from U.S. tax withholding? My current stance is to withhold 30% and report their U.S. earnings at the end of the year. Is that…

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