• Claim treaty benefits on a W-8BEN. The Tax Department is streamlining withholding tax and wage reporting forms and Web File applications.Foreign contractors who meet the following criteria must complete Form W8BEN: NonU. If you have any doubt about the requirement to withhold, go ahead and do it and use a Form 1042. If you employ workers from outside the US, you need to provide them with a W8BEN form. To ask your employer to withhold an additional amount each pay period, complete lines 3, 4, and 5 on Form IT-2104, as applicable. The W8BEN and W8BENE forms are essential for foreign independent contractors and businesses. Are you a small business looking to work with Clark? Step 1: Interest Form. Please take a few minutes to fill out a brief survey, available in English and Spanish.