Glossary
W-8BEN and W-9
The certificates a payer collects to know whether to withhold US tax: a W-9 from US persons (no withholding, 1099 reporting), a W-8BEN or W-8BEN-E from non-US persons (30% withholding unless a treaty reduces it).
When a US company pays a contractor, a platform pays a seller, or a bank opens an account, it asks for one of these. A W-9 says "I am a US person, here is my TIN"; the payer reports the payment on a 1099 and withholds nothing. A W-8BEN (individuals) or W-8BEN-E (entities) says "I am not a US person" and, where a treaty applies, claims the reduced rate. Without a valid form the payer must withhold 30% on US-source payments.
A foreign-owned US LLC is a US entity and provides a W-9, not a W-8. Its non-US owner provides a W-8BEN in their own dealings. Mixing these up is how non-residents end up with 30% withheld on money that was not taxable to begin with.
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