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lamymarie
Community Member

Working for a French client from the USA - taxation question

Hi,

 

I am French but do live and work in the USA with a L2 visa.

If I work for a French client on Upwork, can I declare my taxes in the US with a 1099 or are taxes to be paid in the original country of the client (not the one I am currently living in)?

Thanks for your help,

Marie

3 REPLIES 3
browersr
Community Member

Salut Marie -

 

The easy example is if you were a US resident you would only pay taxes here in the US without regards to where the customer is located. The location of the customer is completely irrelevant. 

 

In your case, since you are an L2 visa holder, there are a bunch of other factors that come into play in determining whether you even owe taxes to the US government. I am not even remotely qualified to give advice on this matter, but hey you are asking on a general message forum... I assume you have taken into consideration the number of days you have been in the US during the year and the past 3 years. There are a bunch of rules that look at your days in the US in terms of deciding whether you actually have to pay taxes in the US. Even beyond days, there can be other factors that can allow you to not have to pay taxes in the US. If you know for sure that you are required to pay US taxes, then again, it doesn't matter where the client is located. If you are subject to US taxes, you will pay those taxes in the US. There may also of course be a requirement to pay taxes in France as well regardless of where the client is from.  I believe this falls under the French Universal Taxing Jurisdiction. Again though, I am not remotely qualified to discuss that. 

 

In short, take the above for what it is and then go consult a real tax professional(s) for both the US and France. 

 

Bonne chance. 

Thanks a ot for your help!

petra_r
Community Member


Marie L wrote:

 

I am French but do live and work in the USA with a L2 visa.

If I work for a French client on Upwork, can I declare my taxes in the US with a 1099 or are taxes to be paid in the original country of the client (not the one I am currently living in)?

 


You need to talk to a tax advisor, but also to immigration.

What follows is amateur opinion, not leal or tax advice: 

 

If you have a work permit / EAD you can work - the location of the client is irrelevant, if you are "resident for tax purposes" in the USA.

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