Hello people, my name is Marcos and I live in Brazil. I am reading some terms of Upwork, but I have questions to be solved.
The terms say
(4) the services performed under this Upwork account will not be performed in the U.S. and (5) the income related to this Upwork account will not be effectively connected with the conduct of a U.S. trade or business.
I don't understand. I live in Brazil, I can't do a work here for a U.S person or I can't do a work being in U.S? And the another question is: What types of conducts of a U.S. trade or business I can't connect? Please, I need help about it.
Do what the rest of us do: Don't worry about it.
Upwork's website has documents which include rules that are vital and important for you to know and abide by.
Upwork's website also includes legal boilterplate that is there because lawyers want it to be there.
For the record:
Upwork has Brazilian contractors.
Upwork allows Brazilian contractors.
Brazilian contrators are allowed to work on contracts for clients from anywhere that Upwork allows clients.
You can spend time worrying about what those phrases mean.
Or you can do what most Brazilian contractors do, which is to spend their time finding good jobs, providing excellent service for their clients, and earning money.
Marcos, I believe this information is related to tax. It is basically saying that you agree that 1) you will not offer your Upwork services while you are personally in the USA and 2) any income you earn on Upwork will not benefit a USA business.
if you live and work in Brazil, you don't have to worry about this. It is about where *you* are located, not where your clients are located.
Upwork collects this information to verify that you are not subject to US tax laws. The information collected is used for purposes of completing the W-8BEN - and you should see this link for instructions on these terms.
You are asked to verify that you do not conduct activities that would subject you to U.S. tax law, such as performing services in the U.S. or on behalf of a U.S. business (this does not relate to your clients, but to your own business). You should complete this if you and your business are not subject to U.S. tax laws. If you or your business are subject to U.S. tax laws, you would complete different information.
Let me know if you have any other questions.