When a foreign company pays a genuinely independent Indian contractor for services, the legal stack is light. No Indian payroll, no Indian TDS, no Indian PF / ESI / PT. The contractor handles their own Indian tax and GST. The foreign company's main obligations are at home (W-8BEN documentation, expense booking) and the classification test (is this person actually a contractor or a misclassified employee).
Payment mechanics — three clean paths
| Path | Speed | FX margin | FIRC issued | Best for |
|---|---|---|---|---|
| SWIFT wire from foreign bank to Indian bank | 2-5 days | 0.5-1.5% (varies by bank) | Yes | Larger payments, established relationships |
| Wise (TransferWise) | 1-2 days | ~0.5% | Yes (mostly) | Most contractor payments under $10k |
| Payoneer | 1-3 days | ~1-2% | Yes | Receiving payments globally, has Indian bank link |
| Stripe Atlas international payments | 1-5 days | ~1-2% | Sometimes | Stripe-native companies |
US-side tax position
Paying an Indian contractor from a US C-Corp is generally outside US withholding requirements:
- Indian contractor is a non-US person performing services outside the US — no US-source income.
- Have the contractor sign Form W-8BEN (individual) or W-8BEN-E (entity) — confirms foreign person status. Renew every 3 years.
- No Form 1099 issued — 1099s are for US persons.
- Report the payment as a foreign contractor expense on your US return.
India-side — what the contractor handles
- GST registration if aggregate income exceeds ₹20 lakhs (₹10 lakhs in some states).
- Income tax filing — services to foreign clients are export of services (zero-rated under GST); ordinary professional income under IT Act.
- ITR-3 or ITR-4 (presumptive scheme under Section 44ADA if eligible).
- Advance tax quarterly if total tax liability exceeds ₹10,000.
- Maintaining FIRCs as proof of foreign-source income.
Contractor compliance bundled by FastLegal
Our Contractor plan supports your Indian contractors with GST registration (if needed), quarterly returns, annual ITR filing, FIRC tracking, and tax-saving advice. Many US companies bundle this as a benefit for their key Indian contractors at $30-50/month per contractor.
FIRC — Foreign Inward Remittance Certificate
Each time foreign currency lands in the contractor's Indian bank account, the bank issues a FIRC documenting the foreign-source remittance. The contractor uses FIRCs to:
- Prove export of services under GST (zero-rated treatment).
- Claim input GST credit refund on business expenses.
- Document foreign-source income at ITR filing.
- Reconcile against Form 26AS / AIS at year-end.
Encourage the contractor to request FIRC for every payment. Most banks issue automatically; some require explicit request.
Misclassification guardrails — most important section
The biggest risk in foreign-to-Indian contractor arrangements is misclassification — when a person you're treating as a contractor is, in substance, an employee. Indian authorities apply substance-over-form; signed contractor language doesn't save you.
- Genuine contractor — has multiple clients, sets own hours, uses own equipment, paid per deliverable / hour.
- Misclassified contractor — full-time-equivalent for you, on your standups, using your equipment, paid monthly retainer.
- Test results in: retrospective PF, ESI, gratuity claims; income tax recharacterisation; FEMA exposure for the foreign payer.
Operational tips
- Invoice-based payment — contractor invoices you monthly for hours / milestones; you pay against invoice.
- Don't put contractors on your standups or treat them like employees.
- Avoid company-branded email for contractors (signal of integration).
- Cap engagements at 12-18 months with explicit renewal — open-ended arrangements look like employment.
- Provide W-9 (for US contractors) and W-8BEN equivalent — keeps documentation clean.
Frequently asked questions
Can we pay Indian contractors via Crypto?+
Yes, but with significant tax complications. Crypto income is taxed at 30% in India (no deductions). Most contractors prefer INR bank transfer. Stablecoins to non-Indian wallets shift tax timing.
Do we owe Indian TDS on contractor payments?+
No — Section 194J / 393 applies to resident Indian payers. Foreign payers have no Indian TDS obligation on outbound contractor payments. Contractor pays own income tax.
What's the maximum we can pay an Indian contractor without compliance concerns?+
No statutory cap. But above $25-50k/year per contractor, the misclassification risk and the looking-like-an-employer optics grow. Consider EOR.
Can we pay our contractor in USD into a US bank account they own?+
Possible but complicated — the contractor needs to disclose foreign income to Indian tax authorities under LRS limits. Most Indian contractors prefer INR to Indian bank.
Stop reading circulars. Start running clean payroll.
Every FastLegal plan ships with a dedicated payroll consultant — a real human who runs your PF, ESI, PT, TDS and Form 16 issuance, configured to your salary structure, your state, and your hiring plan. You sign off. We do the rest.