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Chicago Illinois Form 8752: What You Should Know

Form 8752 must be filed when you pay a foreign government worker (like a U.S. citizen, Green Card holder, or natural person) for services to any foreign entity. The IRS sends Form 8752 to each foreign entity in the U.S. that employs a U.S. worker in connection with that entity. For example, If you operate an investment business that employs an investor's spouse (as a domestic partner), and the investor needs a foreign national to be the shareholder, then that foreign employer would need to file Form 8752. If you need a Form 8752 to pay a contractor, you must follow these additional rules. For more information, see How do I pay contractors for services? . Who Must File Form 8752 to Pay Foreign Nationals for Services? You may apply Form 8752 to pay a contractor, or a partner that hires a contractor, to perform some form of work in a foreign country. A U.S. person, a U.S. resident alien, or a green card holder may be your contractor, and a nonresident alien may be employed for services. When a partner has to hire a nonresident alien for a service, then you must file a Form 8752 at the partner's U.S. address. However, a partner or a contractor for a foreign entity may request that Form 8752 be filed at either the partner's U.S. address, or in a mailing address in another country, with all subsequent payments made from that address, with the filing being the contractor for that entity as the U.S. taxpayer. However, be aware that the contract will go to a bank, bank officer, trustee, nominee, etc. located in the person's U.S. address, and not to a partner's U.S. address. If the contractor is a U.S. person, then the person must make a separate U.S. tax payment to the foreign affiliate. In some cases, when a Partner is a foreign employer, and he is in a position to pay foreign nationals directly via wire transfer, then Form 8752 may not be needed to make the payment for nonresident aliens. In all situations, a foreign entity must apply to the IRS for a license to receive payments. The IRS considers filing of a Form 8753 to be a license.

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