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You’ve found a great person outside your company’s home country. The next step is paying them in a way that matches the reality of the working relationship: without creating tax, payroll, or classification problems later.
For most early-stage teams, there are three workable paths. The right choice depends less on where someone lives and more on whether the role is truly independent work or an employment relationship.
Understanding payroll from day one.
Read our Founder’s Guide to Getting Started.
The three paths to paying someone abroad
When you hire outside your home jurisdiction, you typically choose one of the following:
Pay them as an independent contractor
Use an Employer of Record (EOR)
Set up a foreign subsidiary (local entity)
Each option shifts who carries the operational burden, how fast you can move, and what you need to document to stay compliant.
Option 1: Paying as an independent contractor
When this works
Setting someone up as a contractor works when the person is genuinely operating independently. They’re typically controlling how they work, taking on business risk, and delivering defined outcomes rather than functioning as part of your team under ongoing direction.
If the role looks and runs like employment (full-time, managed like an employee, integrated into your org), a contractor structure is the easiest way to create classification risk.
What to document (and what to be careful about)
Core documentation:
A written contractor agreement that clearly describes scope, deliverables, payment terms, IP/confidentiality where appropriate, and the independent nature of the relationship.
Clear internal notes (even a simple memo) describing why this is a contractor relationship operationally (project-based, output-based, autonomy, no exclusivity, etc.).
U.S. tax forms (important, but not one-size-fits-all):
If your company is U.S.-based and you’re paying an international person, you’ll generally want the appropriate IRS W-8 form on file to document foreign status.
W‑8BEN is used for individuals.
W‑8BEN‑E is used for entities.
Whether U.S. withholding applies can depend on the type of income, where the services are performed, and what documentation you have on file. The IRS instructions are the right primary reference point for the documentation mechanics.
The practical founder takeaway: don’t treat “W‑8” and “30% withholding” as a universal rule you can apply without context. Get the right form on file early, and confirm how your situation is characterized before you build it into payroll operations.
Payment mechanics (fees and FX)
International payments can include:
Bank transfer fees on the sending side
Intermediary bank charges
Exchange-rate spreads depending on your payment method and corridor
Costs vary widely by bank and geography, so treat any published ranges as directional and validate with your bank and the recipient’s bank details before setting a repeatable process.
The real operational risk: misclassification
The most common failure mode is hiring someone as a “contractor” but managing them like an employee: ongoing work, set hours, required tools, exclusive service, and direct supervision.
Misclassification rules differ by country, and enforcement varies. Instead of leaning on worst-case outcomes, treat this as an operational design problem: align the contract, the day-to-day working model, and the payment approach to the same reality.
Option 2: Using an Employer of Record (EOR)
What an EOR does
An Employer of Record enables you to employ someone in another country without setting up your own entity there. The EOR acts as the legal employer locally and typically handles:
Local employment agreement and onboarding
Payroll processing
Statutory tax withholdings and required contributions
Administration of required benefits (where applicable)
You still manage the person’s day-to-day work. The EOR handles the local employer obligations.
When this makes sense
An EOR is usually the cleanest solution when:
The role is ongoing and integrated (it’s really employment)
You need to hire in a country where you don’t have an entity
You want a compliant setup without building local infrastructure first
What to confirm before you start
Keep this practical and specific:
Who is the legal employer in-country (the EOR’s own entity vs. a partner model)
What’s included in the fee vs. billed separately (benefits administration, onboarding, off-cycle payroll, FX)
How terminations are handled and what local notice/severance practices apply
Costs
EOR pricing varies significantly by country and by the specifics of the employment package. Rather than anchoring on a “typical” monthly range, treat EOR cost as:
A base service fee (country-dependent)
Employer costs required by local law, plus
Any selected benefits and optional services
Option 3: Setting up a foreign subsidiary (local entity)
When this makes sense
Setting up a local entity tends to make sense when you’re planning meaningful, sustained hiring in one country (or you have business reasons that require a local presence). For one hire, it’s usually too much overhead too early.
What’s involved
Entity setup is country-specific, but commonly includes:
Incorporation and registration steps with local authorities
Local banking requirements
Local accounting and tax setup
Ongoing filings, payroll registration, and employment compliance processes
Costs and timeline
Time and cost vary materially by country, corporate structure, and the speed with which you can satisfy local requirements. If you’re considering an entity for your first or second hire, it’s worth pausing to confirm that the entity solves a real business need — not just discomfort with international payroll.
Decision framework: which path to choose
Use this as a practical first pass:
Decision factor | Contractor | EOR | Subsidiary |
Best for | Defined projects / independent work | Ongoing employee role | Sustained hiring in one country |
Speed | Fast | Fast to moderate | Slow |
Operational burden on you | Higher | Lower | High |
Classification risk | Higher if misused | Lower | Lower |
Flexibility to change approach later | Medium | Medium | Lower (once established) |
Key compliance checkpoints
If you’re paying a contractor internationally
Make sure the working model matches contractor reality (not just the contract language).
Keep clear documentation (agreement + internal rationale).
If you’re operating through a US company, get the appropriate W‑8 documentation on file and confirm how your payments should be treated based on your facts and circumstances.
If you’re hiring an employee internationally
Decide early whether you’re using an EOR or establishing an entity — and don’t “paper over” employment as contracting.
Confirm what statutory employer obligations exist locally (payroll taxes, social contributions, required benefits), and who is responsible for them under your model.
What founders typically do next
If the work is truly project-based, use a contractor agreement and keep the relationship output-based in practice.
If the role is ongoing and integrated, use an EOR to employ the person compliantly without building a local entity.
If you’re building a team in one country, assess whether entity setup is justified by hiring volume and business needs.
For international founders running U.S.-based companies, it also helps to think about payroll and finance operations as a system, not isolated decisions.
If you want a tighter, end-to-end walkthrough for founder payroll decisions, including how to think about paying yourself alongside your first hires, download the founder’s guide.
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