Who is require to withhold? • Withholding Agent.If you have any doubt about the requirement to withhold, go ahead and do it and use a Form 1042. This item provides an overview of the types of income subject to U.S. withholding tax and related U.S. information reporting requirements. Form 1042S is an IRS form used to report amounts paid toand withheld fromtheir noncitizen, nonresident workers. They need the contractor's tax ID number in their home country. You can learn more about both forms at the links below: About Form W-8 BEN. Otherwise, you could be subject to IRS penalties like steep fines and interest. The University will send form 1042-S to the Foreign National independent contractor at year-end, as well as to the IRS. Obtaining complete W8 BEN forms is your first step in ensuring that your tax process is compliant for all foreign contractors.