Puerto Rico (PR), U.S. Virgin Islands (VI), Guam (GU), American Samoa (AS), Northern Mariana Islands (MP)
Step 1 — Classify the payee with documentation
- W-9 = U.S. person (many PR/VI/GU/AS/MP individuals are U.S. citizens).
- W-8 (BEN/BEN-E, etc.) = foreign person.
Step 2 — File the right federal form
If W-9 (U.S. person):
Business payments for services ≥ $600 → File Form 1099-NEC (or other 1099 as applicable).
Apply backup withholding rules if no TIN.
If W-8 (foreign person):
Determine source of income.
U.S.-source FDAP/services in scope → withhold per Ch. 3 (rate may be reduced) and file Form 1042-S.
Foreign-source services (performed outside the U.S.) → typically no 1042-S/withholding; keep documentation of where services were performed.
Key point: The mailing address in a territory doesn’t decide the form—status (W-9 vs W-8) and source of income do.
Puerto Rico 480-series forms: when do they apply?
- PR 480.6SP and related forms are Puerto Rico informative returns tied to PR withholding.
- You typically file them only if you are a PR withholding agent (e.g., you do business in Puerto Rico and pay for services performed in Puerto Rico).
- A stateside business with no PR nexus generally does not file PR 480s merely because the payee lives in PR—use federal 1099/1042-S rules instead.
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