The Tax Department is streamlining withholding tax and wage reporting forms and Web File applications. Every employee must complete two withholding forms: For federal taxes: the W-4 Employee's Withholding Certificate form filed with the Internal Revenue Service.Give Form W8 BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding. If you have any doubt about the requirement to withhold, go ahead and do it and use a Form 1042. In that case, a US company should not withhold or report taxes. This is recorded and reported each tax year via IRS Form 1042S. Your contractor sets up their Gusto profile. The contractors themselves will need to complete and submit these forms to you. However, even without tax withholding, tax reporting may still be necessary.