In general, if a withholding agent cannot reliably associate a payment with valid documentation (e.g. Form. INDEPENDENT CONTRACTOR v. EMPLOYEE.➢ An independent contractor may not file a claim for wages unpaid when due. Withholding of Tax on Nonresident Aliens and Foreign Entities. "Withholding tax" refers to the money that an employer deducts from an employee's gross wages and pays directly to the government. Foreign contractors outside the US earning income from USbased clients must complete form W8BEN. Our office reviews and approves foreign payments for the university including related IRS tax withholding and reporting. Withholding of Tax on Nonresident Aliens and Foreign Entities. Our office reviews and approves foreign payments for the university including related IRS tax withholding and reporting. The following states do not have state withholding tax requirements: Alaska; Florida; Nevada; New Hampshire; South Dakota; Tennessee; Texas; Washington; Wyoming.