Who is require to withhold? • Withholding Agent.U.S. companies should not withhold taxes from money paid to independent contractors working overseas. If you have any doubt about the requirement to withhold, go ahead and do it and use a Form 1042. After filling out Form W-8BEN, the foreign contractor must provide the completed version to the organization from which they are receiving income. This is recorded and reported each tax year via IRS Form 1042S. This tax form classifies their status as a foreign worker or a nonU.