TIN ComplianceA resource from TIN Comply
Calculator

W-8 form selector

Answer a few questions about a payee and get the certificate to ask for: Form W-9, W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, W-8IMY or Form 8233, with what the form has to contain and what it does to withholding.

Basis Instructions for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI, W-8EXP and W-8IMY; Instructions for Form 8233; Publication 515; Treas. Reg. 1.1441-1Privacy runs in your browser; nothing you enter is sent or stored

One payee at a time. The tool gives the form the IRS instructions point to for the facts you enter; it cannot see the payee or the payment. When a payee’s status is unclear, the presumption rules decide until a form arrives.

Which form, at a glance

PayeeForm
Any U.S. person, including a U.S. citizen living abroad and a U.S. LLC with foreign owners that is not disregardedForm W-9
Foreign individual, beneficial owner of the paymentW-8BEN
Foreign individual paid for services performed in the U.S., claiming a treaty exemptionForm 8233
Foreign entity, beneficial owner of the paymentW-8BEN-E
Foreign person whose income is effectively connected with a U.S. trade or business (not an individual’s personal services)W-8ECI
Foreign government, international organization, foreign central bank, foreign tax-exempt organization or private foundation claiming its specific exemptionW-8EXP
Intermediary, flow-through partnership or trust, or certain U.S. branches, receiving for othersW-8IMY
Disregarded entityThe owner’s form, not the entity’s

The mistakes this prevents

  • A foreign entity on a W-8BEN. The W-8BEN is for individuals only. A foreign corporation or LLC signs the W-8BEN-E.
  • A foreign contractor working in the U.S. on a W-8BEN with a treaty claim. A treaty exemption for personal services performed in the United States is claimed on Form 8233, not the W-8BEN.
  • A W-8 from a U.S. citizen abroad. Citizenship, not residence, decides. A U.S. citizen in London signs a W-9.
  • A W-8 from the disregarded entity instead of its owner. The owner is the payee for tax purposes.
  • Personal services on a W-8ECI. An individual’s compensation for services is never documented on the W-8ECI.

Questions this tool gets asked

We pay a foreign freelancer who works entirely from abroad. Do we withhold?

Pay for services performed outside the United States is foreign-source income: no U.S. withholding, no Form 1099 and no Form 1042-S. The W-8BEN is what shows why. Without it, the presumption rules can treat the payee as a U.S. person subject to backup withholding.

How long is a W-8 good for?

A W-8BEN, W-8BEN-E or W-8ECI generally stays valid until the last day of the third calendar year after it was signed, unless circumstances change. The W-8 validity calculator gives the date, the separate treaty-claim clock and the late-W-8 rules.

The payee is a foreign charity. W-8EXP?

Only if it is claiming section 501(c) status (with a determination letter or a U.S. counsel opinion) or is a private foundation claiming the 4% rate. Most foreign NGOs receiving a grant sign a W-8BEN-E.