TIN ComplianceA resource from TIN Comply
Foreign payees

Paying someone outside the United States

Chapter 3 withholding, FATCA, treaty rates for 57 countries, the W-8 series and Form 1042-S, in one place. For AP, tax and treasury teams that pay foreign contractors, licensors, lenders and shareholders.

Updated October 3, 2026Sources IRC 1441 to 1474; Publication 515 (2026); Instructions for Form 1042-S (2026); IRS Tax Treaty Tables

Start here

A foreign contractor working abroad

The most common case. Collect a W-8BEN or W-8BEN-E, withhold nothing, file nothing.

Royalties, interest or dividends

U.S.-source and withheld on at 30% unless a treaty or the Code reduces it.

Someone working in the United States

Pay for U.S. services is U.S.-source. A treaty exemption for an individual is claimed on Form 8233.

Year end: Forms 1042-S and 1042

Due March 15, e-filed through IRIS for 2026 forms, with a code for every box.

Guides

Foreign payees and screening

Chapter 3 withholding for payers who are not banks: who is foreign, what is U.S.-source, and what to withhold

The three questions behind every payment to a foreign person, the source rules, the 30% rate and its exceptions, the presumption rules, deposits, and Forms 1042-S and 1042.

Foreign payees and screening

Accepting a tax treaty claim: what the payer checks before applying a reduced rate

Residence, beneficial ownership, limitation on benefits, the TIN requirement, reason to know, how long a claim lasts, and what happens to the payer when the claim was wrong.

Foreign payees and screening

FATCA (chapter 4) for ordinary payers: when it applies to a vendor or licensor, and when it does not

Withholdable payments and the excluded nonfinancial payments, active and passive NFFEs, substantial U.S. owners, GIIN checks, and how chapter 4 and chapter 3 meet on Form 1042-S.

Foreign payees and screening

Foreign vendors: W-8 instead of W-9, and what Form 1042-S means

How to tell a foreign payee from a U.S. one, which W-8 to collect, 30% chapter 3 withholding and treaty claims, and why a foreign vendor on a CP2100 is a filing error.

Foreign payees and screeningIRM

How the IRS examines a payer's foreign vendors: W-8s, presumption rules and the Form 1042 clock

The three-step vendor-file sweep, the W-8 checklist and U.S. indicia, the 24% or 30% presumption fork, the late-W-8 cure at 30 days and one year, validity periods, and the Form 1042 deposit schedule.

Foreign payees and screeningIRM

What happens to a paper Form 1042-S inside the IRS: Ogden's Code and Edit rules

Only Copy A counts, a 1042-T without Copy A is destroyed with no letter, recipient TINs equal to your EIN or repeating digits are deleted unresearched, two income codes become one, new 2026 codes.

Tools

Chapter 3 and FATCA withholding calculator: screenshot
Calculator

Chapter 3 and FATCA withholding calculator

One payment to a foreign person: source, the chapter 3 rate and tax, whether FATCA chapter 4 withholding applies, and every Form 1042-S code.

Tax treaty rate lookup: screenshot
Calculator

Tax treaty rate lookup

Treaty country and payment type in; the U.S. withholding rate, the article, the IRS conditions and the Form 1042-S codes out, for all 57 treaty partners.

Form 1042-S code finder: screenshot
Calculator

Form 1042-S code finder

Every 2026 Form 1042-S code, searchable: income, chapter 3 and 4 exemption, recipient status and LOB codes, with the pairings for common payments.

W-8 form selector: screenshot
Calculator

W-8 form selector

Which certificate a payee owes you: W-9, W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, W-8IMY or Form 8233, from a few questions about who they are and what the payment is for.

W-8 validity and late-cure calculator: screenshot
Calculator

W-8 validity and late-cure calculator

When a W-8 expires, the separate treaty-claim clock, the 30-day and one-year late-W-8 rules, U.S. indicia, and the vendor-file screen examiners run first.

Form 1042 deposit penalty calculator: screenshot
Calculator

Form 1042 deposit penalty calculator

Each Form 1042 deposit due date under the quarter-monthly $2,000, $200 and December rules, and the failure-to-deposit penalty under the IRS default application or a designated order.

Forms

Form

Form W-8BEN

Foreign individuals.

Form

Form W-8BEN-E

Foreign entities.

Form

Form W-8ECI

Effectively connected income.

Form

Form W-8EXP

Governments and exempt bodies.

Form

Form W-8IMY

Intermediaries and flow-throughs.

Form

Form 8233

Treaty-exempt pay for U.S. services.

Form

Form 1042-S

What you file for each payee.

Templates: W-8 request and expiry emails · Late W-8 affidavit · Withholding agent ITIN exception letter