A. Nonresident Withholding. The first step is to have the contractor complete Form W9, Request for Taxpayer Identification Number and Certification.Withhold on payments to nonresident independent contractors, including entertainers. • Withhold on rent or royalty payments to nonresidents. Individuals other than employees who perform personal services in California are independent contractors subject to withholding for purposes of this regulation. Since foreign contractors pay income taxes in their own country, US companies likely won't need to withhold taxes from payments made to them⁶. You need FormW8BEN, which is a Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting. Setting aside the work permit issue, a foreign contractor working in the US should pay tax on his US sourced income. This tax form classifies their status as a foreign worker or a nonU. In other words, nonresidents pay California income taxes on taxable Californiasource income.