Payments to foreign consultant

[TAX]

Client, us scorp, paid $20,000 to an individual consultant, in Poland, in 2008. This consultant is a foreign residence.

(1) What forms do Client need to file? - 1042s, 1099 etc

(2) There was no withholding done in 2008. Going forward, does client need to withhold taxes from payments?

(3) How do foreign citizen get EIN from US? Do they need one?

Thanks!

[TAX]

Mix Answers - not clear!

I have done some research but getting mix answers!

Examples:

IRS = Rep says do not know, send in writing!
CPA Society members = No need to do anything, some says file 1042s after I mentioned the form #!

Other message board = Give them W-9 and get info!

Can any one help please?

Thanks!

[Roberts]

Personally, I would note what the IRS offered, make a note of who you talked with at the IRS and their contact information and go with it. You have researched it, gotten different views and the IRS is the final factor anyway.

[Davc]

Personally, I would note what the IRS offered, make a note of who you talked with at the IRS and their contact information and go with it. You have researched it, gotten different views and the IRS is the final factor anyway.

Disagree. The IRS told me to do it that way only avoids penalties if it's in writing.