INDEPENDENT CONTRACTOR v. EMPLOYEE. ➢ An independent contractor may not file a claim for wages unpaid when due.In general, you aren't obliged to withhold taxes from independent contractors. However, you may still need to report taxes. Foreign contractors outside the US earning income from USbased clients must complete form W8BEN. However, several states, such as Texas, Florida, Washington, and Nevada, don't charge personal income tax. Who is require to withhold? • Withholding Agent. Employers are expected to withhold state income tax from an employee's wages if that employee is subject to state income tax unless noted below. Remote workers who work in the same state as their employer are generally required to pay that state's individual income tax.