Who is require to withhold? • Withholding Agent.This guide is intended to simplify the process. Examples of common payments the University makes to foreign nationals visiting or working in the US. This form certifies the contractor's foreign status and can help reduce or eliminate withholding tax on payments. The W8BEN and W8BENE forms are essential for foreign independent contractors and businesses. Avoid pitfalls when making payments to foreign contractors. Follow these 4 tips to ensure compliance with tax laws and avoid payroll errors. The eligible Foreign National must complete IRS Form 8233 and the Tax Treaty Affidavit. Independent contractors are subject to SelfEmployment Tax.