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W-9 / W-8BEN form picker

Three questions, one answer. Find out which IRS tax form your US client needs from you. Includes the official IRS download link.

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Any time a US business pays you more than $600 in a year for services, they need a tax form on file before they cut a check. Which form depends on whether you are a US person, a foreign person, or a foreign entity. Send the wrong form and the payer will withhold 24-30% of every invoice until you correct it. This picker resolves the question in three questions, and links you straight to the official IRS PDF.

1. Are you a US person for tax purposes?

"US person" includes US citizens, green-card holders, and US-resident aliens (substantial presence test). It also includes US-formed entities (LLCs, C-corps, S-corps, partnerships).

Yes, I am a US person No, I am a non-US person or entity

The cost of sending the wrong form

There are exactly four IRS forms in this category, and using the wrong one is expensive.

Backup withholding bites at 24%

If a US payer cannot get a valid W-9 or W-8 from you, they are required to withhold 24% on every payment and remit it to the IRS. You can recover it on a tax return, but you have given the IRS an interest-free loan for a year.

Treaty benefits do not auto-apply

Even if your country has a treaty, the reduced rate only applies if you correctly file W-8BEN (individual) or W-8BEN-E (entity) and claim the treaty article. Skip that and you pay the default 30%.

W-9 leaks your SSN if you are an individual

If you are a US sole proprietor, the W-9 needs your SSN or EIN. Get an EIN (free, online, 10 minutes) and use that instead. Never email your SSN.

Foreign entities need W-8BEN-E, not W-8BEN

W-8BEN is for individuals. W-8BEN-E is for entities. Sending a W-8BEN as a UK Ltd will get bounced back.

Use the result downstream

Send the invoice

Once your tax form is on file, send the invoice as a sendable link.

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Convert the currency

If you are foreign and invoicing in USD, get the issue-date rate for your books.

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Read the international invoicing guide

How to invoice US clients from abroad, including W-8 specifics.

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W-9 / W-8BEN FAQ

Is this tool a substitute for tax advice?

No. It is a guide to which form to file based on the most common scenarios. For unusual situations (treaty positions, hybrid entities, claims of US trade or business income), consult a tax professional.

How long is each form valid?

W-9: indefinite, until your information changes. W-8BEN and W-8BEN-E: three calendar years from the year of signing, or earlier if your circumstances change. Most US payers will ask you to refresh annually.

Do I send the form to the IRS or the payer?

The payer. The form goes to the US business paying you, not to the IRS. The payer keeps it on file and uses it to decide whether to withhold and to file an annual 1099 (for W-9) or 1042-S (for W-8) reporting your earnings.

I am a US LLC. Which form?

W-9. A US-formed LLC is a US person regardless of who owns it. (A foreign-owned single-member US LLC has a special FATCA rule but the W-9 is still correct for the payer.)

I am a non-US individual freelancer. Which form?

W-8BEN. Individuals only. If your country has a treaty (most do), claim the treaty article on Part II to reduce withholding. The IRS publishes a treaty table you can reference.

I run a UK Ltd / German GmbH / Indian Pvt Ltd. Which form?

W-8BEN-E. The 'E' stands for entity. The form is longer (8 pages) but much of it is N/A for typical service providers. Identify your entity type in Part I and your treaty position in Part III.