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Withholding of Taxes on Payments to Foreign Persons and Entities


Learn to navigate the myriad of W-8s available for documenting a payee as a foreign person.

Most organizations have procedures in place to correctly and efficiently report certain payments to U.S. persons on Form 1099. However, far fewer organizations are as familiar with the process of reporting certain payments to foreign persons on Form 1042-S. The complexity involved in reporting payments to foreign persons is far greater. While a U.S. person would provide the same W-9 regardless of entity or payment type, a foreign person could provide one of several W-8s (e.g., W-8BEN, W-8BEN-E, W-8ECI) or even a Form 8233. In addition, the type of payments reportable may depend upon sourcing (foreign or U.S.), and the determination to withhold may depend upon an income tax treaty. Lack of adequate documentation and analysis can result in the payer of income being held liable for the 30% withholding tax in addition to penalties and interest. This course will help those responsible for payments to foreign persons navigate the myriad of W-8s available for documenting a payee as a foreign person. In addition, the material will help identify the types of payments reportable on Form 1042-S, including a broad overview of the sourcing rules which determine if a payment is a U.S. or foreign source. This course will also provide guidance on determining if the payee should withhold the payment and, if so, what is the proper withholding rate. This includes the role of income tax treaties. Finally, the material will discuss filing deadlines related to Form 1042-S, withholding tax deposit requirements, and any penalties and interest related to lack of compliance.



Michael Campbell, CPA

Michael Campbell, CPA

Crowe LLP

  • Senior Manager at Crowe LLP
  • U.S. international tax and tax technology specialist
  • Head of Crowe International Tax Services Technology Pillar
  • Implemented electronic filing system for 1042-S forms
  • Worked in Fortune 500 tax department
  • Experience working with clients in a variety of industries
  • Can be contacted at [email protected] or 404-442-1674
Brandon Harrell

Brandon Harrell

Crowe LLP

  • Manager at Crowe LLP
  • An international tax specialist
  • Experience in both U.S. inbound and outbound taxation and associated tax planning
  • Experience with GILTI, FDII, and BEAT tax regimes
  • Experience with U.S. international reporting, including Forms 5471, 1118, 8891, 8992, and 8993
  • Licensed member of the Florida Bar
  • Graduate, Florida State University College of Law
  • Can be contacted at [email protected] or 404-495-7068

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