Do I need W8BEN on file if hiring from upwork?(From USA, hiring an Indian contractor)

[01b861fa]

In the past, i was required to get a w8ben form filled out by overseas contractor and to keep it on file.

But now, since i'm using upwork, do i still need this form on file? Theres no place to download it. I know upwork asks freelancers to fill it out, but if i get audited, how can i show this form? Whats the best practice here? or maybe i don't need it on file at all because i'm using upwork?

[PradeepH]

Hi Michael,

Thank you for your message. W8BEN is for all non-U.S. individual taxpayers who receive earnings on Upwork. You do not need to W-8BEN if you are in the U.S. and just have a client account on Upwork. Your freelancers outside of the U.S. will need to update their W-8BEN form to adhere to the recent guidelines. 

Thank you,

Pradeep

[01b861fa]

Yes, but how can I get the W8ben to keep on file? I'm legally required to have a w7ben for my non us contractors, but upwork doesn't supply it correct? So what's best practice?

[AndreaG]

Hi Michael,

I would recommend you consult a local tax expert on best practices since Upwork is not able to give any tax advise.

[01b861fa]

Does upwork provide any way for the client to get a freelancers w8ben?

[1df3eac9]

How can I get my contracts W8ben?