The IRS requires U.S. businesses to document any money they pay to foreign independent contractors. Forms to be aware of include: Form W-8BEN.In general, you aren't obliged to withhold taxes from independent contractors. However, you may still need to report taxes. A common mistake employers make when filing tax reports is misclassifying employees as independent contractors. Learn how to determine a worker's status. Foreign contractors outside the US earning income from USbased clients must complete form W8BEN. To hire foreign contractors, you will need contractors to complete IRS Form W8BEN. Employers who hire independent contractors must fill out several tax forms. In the US, these include: IRS Form W-9.