How to Fill Out Form W-8BEN: Step-by-Step Guide

The IRS default withholding rate on US-source payments to a foreign person is 30%. A withholding agent — a US bank, brokerage, marketplace, or company — must withhold that 30% unless the recipient documents who they are. Form W-8BEN is the document an individual hands over to prove they are a foreign beneficial owner and, where a treaty applies, to claim a lower rate. If you are a foreign entity rather than a person, you use a different form — see Form W-8BEN vs W-8BEN-E.

The full reference for the individual version lives on the Form W-8BEN page.

Part I is straightforward identification. Use your real legal name and a physical residence address — a permanent home address in your country, not a US address or a P.O. box, because a US address can trigger a presumption that you are a US person.

If you do not yet have a US taxpayer number and need one for a treaty claim, you may need an ITIN. That is a separate process from documenting your LLC — your foreign-owned LLC's own reporting is covered on what is Form 5472.

Part II only applies if your country of residence has an income-tax treaty with the United States. Leave it blank if there is no treaty, and the standard 30% withholding stays in place. When a treaty does apply, line 9 certifies you are a resident of that country, and line 10 spells out the specific reduction — the article number, the reduced rate, and the type of income (for example, royalties, dividends, or interest).

Treaty rates differ by country, so check your specific treaty before entering a number. Note that most foreign-owned single-member LLCs that simply sell products or services online have no US-source withholdable income at all, so Part II is often left blank — but the LLC still must file its own returns.

Part III is a single signature block. By signing, you certify under penalties of perjury that the information is correct, that you are the beneficial owner of the income, and that you are not a US person. Print your name in the capacity box if you are signing on the individual's behalf. Once signed, the form is complete — hand it back to whoever requested it.

What makes the signature valid

A handwritten signature or a withholding agent's compliant e-signature process both work. The date must use the US format (MM-DD-YYYY), and the form is treated as valid from the signing date through the end of the third succeeding calendar year. Keep a copy for your records.

This is the most common point of confusion: Form W-8BEN is not filed with the IRS. It is collected and retained by the payer so they can apply the correct withholding rate. If your circumstances change — for example, you move countries or become a US resident — you must give an updated form within 30 days, because the old certification is no longer accurate.

Because W-8BEN goes to a private payer and Form 5472 goes to the IRS, do not confuse the two deadlines. Your LLC's Form 5472 has a hard government deadline that a W-8BEN does not change.

Many foreign LLC owners assume that handing over a W-8BEN satisfies their US obligations. It does not. The two forms serve opposite roles: one documents your status to a third party, the other reports your LLC's transactions to the government.

A foreign-owned single-member LLC cannot e-file Form 5472 — it must be mailed to P.O. Box 149342, Austin, TX 78714-9342, or faxed to 855-887-7737. Read the full definition on what is Form 5472.

Since 2017, under final regulations in T.D. 9796, a foreign-owned US disregarded entity is treated as a corporation for Form 5472 reporting. Because forming and funding an LLC moves money from the owner, virtually every foreign-owned single-member LLC has a reportable transaction in its first year — so almost all of them must file. The $25,000 penalty applies per form, per year, with no cap and no statute of limitations under IRC §6038A(d) and §6501(c)(8), and an extra $25,000 accrues every 30 days after a 90-day IRS notice.

Note that the FinCEN BOI report is a different requirement again — under FinCEN's March 2025 interim final rule, US-formed entities (including foreign-owned US LLCs) are exempt, so only foreign reporting companies file BOI. None of that changes the Form 5472 obligation. Start your filing on the apply page or compare options on the pricing page.