Payroll & Employment TaxAnswered

Our first U.S. hire sends invoices, but she works only for us and follows our schedule. Should we be more worried about payroll classification?

MU
mariam_us_61dasubscriber
September 20, 2025 1,887 views 1 answer
contractor-vs-employeepayrollu-s-workerclassificationforeign-owned-llcfirst-hire

We called the relationship 'contractor' because it felt operationally simpler, but the facts are starting to look more like a normal employment arrangement. She works on our schedule, uses our systems, and does not really have other clients. As a foreign-owned business, we are especially anxious about getting the first U.S. worker wrong.

I need a practical way to think about whether invoice format is distracting us from the real classification problem. If we need payroll, I want to know before we build more quarters of the wrong habit.

Related Questions

PayrollAnswered

I am on F-1 OPT and my employer withheld FICA, but I have been in the U.S. fewer than five calendar years. Is that likely wrong?

I am an engineer from India working on OPT after graduating, and payroll withheld Social Security and Medicare taxes from the first paycheck. That might be correct, but after reading the IRS foreign-s...

AE
arjun_e997·Oct 24, 2025
2,3311
PayrollAnswered

My payroll provider says nonresident alien employees have special W-4 and withholding treatment. What should I verify before first payroll?

We are hiring our first employee in the United States and she will be a nonresident alien for tax purposes. My payroll provider says the setup is not identical to a normal domestic payroll profile and...

NF
nour_ff6b·Sep 15, 2025
1,8121
PayrollAnswered

If we think a totalization agreement may apply, do we need the certificate before the first paycheck?

One adviser says yes because payroll should be built around real documentation, while another says we can just assume the agreement applies and fix the file later if anyone asks. Those are very differ...

KE
kareem_e9ec·Oct 30, 2025
1,7381
PayrollAnswered

Everyone keeps mentioning totalization agreements when payroll crosses borders. What file should we actually maintain if we think one applies?

Our founder is from Germany and now works partly in the United States for the company. Several advisers have mentioned a possible totalization agreement angle for Social Security coverage, but so far ...

H0
helena_0fb1·Sep 18, 2025
1,6461
PayrollAnswered

Can a foreign employer really owe U.S. Social Security and Medicare withholding for work performed in the States?

I always thought Social Security and Medicare withholding was mostly a domestic-employer issue, so I was surprised to read that a foreign employer can still have U.S. payroll obligations when services...

TU
tarek_us_2b50·Sep 17, 2025
1,7601
PayrollAnswered

My nonresident employee says a treaty exempts some wages and wants to give us Form 8233. How should we think about that file?

We are a small foreign-owned LLC and one new U.S.-based hire says she is a nonresident alien and may be treaty-exempt on part of her compensation. She mentioned Form 8233, which I had never dealt with...

A0
amir_08e5·Sep 16, 2025
1,6951
PayrollAnswered

If a founder ends up working in the U.S. on H-1B status, does FICA usually apply from day one?

I know the company will need immigration counsel separately, but on the tax side I am trying to understand the payroll basics before compensation starts. I have read that some categories of foreign pr...

R7
ritu_7cc6·Sep 19, 2025
1,7181
PayrollAnswered

My H-1B wages may be treaty-exempt for income tax. Can payroll still have to withhold FICA anyway?

The treaty conversation is making everyone think the wage file is either fully exempt or fully taxable, but payroll seems to be a different system with its own rules. I am on H-1B, and I do not want t...

P3
pranav_3288·Oct 27, 2025
1,7901
PayrollAnswered

Our nonresident employee got both a W-2 and a 1042-S. Did payroll mess up?

At first glance it looked like obvious duplication, but the payroll team says both forms can exist in the same file when treaty-exempt wages and state withholding overlap. I want to believe them, but ...

H8
heba_87cc·Oct 29, 2025
1,6101
PayrollAnswered

If wages are treaty-exempt for income tax, can payroll still have to withhold FICA?

One of our advisers says a treaty may reduce or eliminate income-tax withholding on a founder's compensation, but our payroll provider is still talking about Social Security and Medicare taxes as thou...

I7
ishaan_7b7b·Sep 21, 2025
1,7421

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs