Self-employed or employee status for tax purposes when working abroad?
I've been working in Malaysia for about 3 months this year (US resident with green card for tax purposes) and I'm trying to figure out how to file properly with the IRS. The situation is complicated because the Malaysian company I worked for has me on what feels like an employee contract, but they don't issue any W-2 or 1099 forms (they say they can't). They're not withholding any Social Security tax, and I'm personally covering all expenses - flights, hotel, meals, even my work phone. I know I'm not eligible for Foreign Earned Income Exclusion (less than 330 days abroad), but should qualify for Foreign Tax Credit. My main question is: How should I report this income? Just on Form 1040? Can I classify myself as self-employed during this period? That way I could deduct all those business expenses and then pay the 15.3% self-employment tax on what's left. Does anyone know if the IRS would have issues with this approach? I'm familiar with the IRS 20-factor test for employee vs contractor status, but I'm confused because if the foreign employer isn't issuing any tax forms, isn't paying the employer portion of FICA, and I'm covering all my own expenses... how could I possibly be considered an employee? I really don't want to be stuck in a situation where I'm categorized as an employee, can't deduct any business expenses, and have to pay 15.3% tax on the entire amount.
19 comments


Ethan Clark
This is a classic gray area in international tax reporting! The IRS cares about the substance of your relationship with the Malaysian company, not just the paperwork (or lack thereof). If your relationship with the company meets the criteria for employment (they control when/where/how you work, you're integrated into their business, etc.), you would technically be considered an employee for US tax purposes - regardless of whether they issue a W-2. However, given your circumstances, you have a reasonable argument for self-employment status. You're covering all your own expenses and the foreign employer isn't handling any typical employer responsibilities for US citizens. If you go the self-employed route, you would report this on Schedule C where you can deduct legitimate business expenses. Then you'd calculate self-employment tax on Schedule SE. You'd still report the income on your 1040, but with these supporting schedules. Make sure you're documenting everything really well - keep all receipts for expenses, document the nature of your work arrangement, etc. The more you can show that you were functionally operating as an independent contractor, the stronger your position. For the Foreign Tax Credit, you'll need Form 1116 to claim any foreign taxes you paid in Malaysia.
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Mila Walker
•Thanks for the detailed response! One question - if I do file as self-employed, would the IRS potentially question why I don't have any 1099 forms from this company? Or is that common with foreign income sources? Also, the company gives me specific assignments but I generally control my hours and work location within reason. Does that strengthen my case for self-employment status?
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Ethan Clark
•The IRS understands that foreign companies typically don't issue 1099s, so that alone won't trigger concerns. You'll just need to report all income accurately regardless of documentation. Your situation of controlling your hours and work location definitely strengthens your case for self-employment status. Other factors that would help include: using your own equipment, having multiple clients (if applicable), being able to hire assistants, and not receiving typical employee benefits. The more of these factors that apply to you, the stronger your argument for self-employment classification.
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Logan Scott
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Chloe Green
•How does taxr.ai actually work? Do they have real tax experts reviewing your documents or is it all AI? I'm in a similar situation but working remotely for a UK company and concerned about getting accurate advice.
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Lucas Adams
•I'm a bit skeptical... how much does this service cost? And do they actually provide documentation you can use if the IRS questions your filing decisions? Or just generic advice?
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Logan Scott
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Chloe Green
I just wanted to update after trying taxr.ai for my UK remote work situation! I was really confused about whether I should file as self-employed or employee, and they cleared everything up. The analysis showed that based on my work arrangement (I set my own hours, use my own equipment, etc.), I could legitimately file as self-employed despite having just one client. They explained exactly which forms to use and how to properly document everything. The best part was they identified about $8,700 in legitimate business deductions I hadn't even considered - home office, portion of internet, some software subscriptions, even my professional development courses. This saved me way more than the service cost! They also explained exactly how to handle the foreign currency conversion for tax purposes, which was a whole other headache I hadn't figured out yet. Honestly wish I'd known about this last year!
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Harper Hill
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Caden Nguyen
•Does this service actually work? I've been trying to reach the IRS for months about a similar issue with work I did in Colombia. How do they get you through when the IRS phone lines are constantly jammed?
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Avery Flores
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Harper Hill
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Avery Flores
I need to apologize and correct myself. After dismissing Claimyr as a potential scam, I actually tried it myself out of desperation. I'd been trying to reach the IRS for 3 weeks about my foreign income situation. To my complete surprise, I got connected to an IRS representative in about 15 minutes! They answered all my questions about classifying my work in Colombia - confirmed I could file as self-employed since I was managing my own expenses and schedule, despite working primarily for one company. The agent even explained exactly what documentation I should keep (contracts, expense receipts, proof of my work arrangement) to support my classification if questioned. This was exactly the official guidance I needed to file confidently. I'm still shocked at how well it worked after all my failed attempts to get through on my own. Definitely eating my words on this one!
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Zoe Gonzalez
I went through this exact situation when working in Germany last year. Here's what I learned: The substance of your work relationship matters more than the paperwork. Since you're bearing all the costs and they're not withholding anything, you have a strong case for self-employment status. I filed Schedule C as self-employed, deducted legitimate business expenses (saved about $7,000 in taxes), and carefully documented everything. I also kept a copy of my contract showing I was responsible for my own expenses. One tip: make sure you're tracking any foreign taxes paid in Malaysia so you can claim the Foreign Tax Credit properly. Form 1116 is your friend here. If you're really concerned, consider getting a written statement from the Malaysian company describing your working relationship that emphasizes the independent contractor aspects of your arrangement.
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Amelia Martinez
•Thanks for sharing your experience! Do you think it matters that my contract with the Malaysian company says "employment agreement" in the title, even though the substance of the relationship is more like self-employment? Did you have a similar issue with your German contract?
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Zoe Gonzalez
•The title of the contract isn't as important as the actual terms within it. My German agreement also said "employment contract" but the IRS looks at the substance of the arrangement more than the labels. Make sure you highlight aspects of your arrangement that support self-employment: you paying your own expenses, setting your own schedule when possible, using your own equipment, and the lack of typical employee benefits. In my case, I included a memo with my tax return briefly explaining why I was filing as self-employed despite the contract title, focusing on these substantive factors. The key is being consistent and having documentation to back up your position if questioned.
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Ashley Adams
Has anyone used TurboTax for this kind of situation? I'm in a similar boat (working for a company in Singapore for 4 months) and wondering if the software can handle this complexity or if I need to find a tax professional.
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Alexis Robinson
•I used TurboTax last year for a similar situation working in Thailand. It does handle Schedule C for self-employment and Form 1116 for Foreign Tax Credit, but honestly the questionnaire was confusing for international situations. I ended up having to manually override some things and do quite a bit of research on my own. If your situation is straightforward self-employment, it might work fine, but if there are complexities, you might want a professional who specializes in expat taxes.
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Ashley Adams
•Thanks for the insight! I might try TurboTax first since my situation isn't super complex, but keep a tax professional as backup if I get stuck. Did you find any specific resources that helped you figure out the overrides you needed to make?
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