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W-8BEN vs W-8BEN-E: Which Form for a Foreign-Owned LLC? (2026)
Stripe, Amazon, Upwork or a US client has asked for a tax form, and you are not sure whether you, your LLC or nobody should sign W-8BEN, W-8BEN-E or W-9. Here is the short answer for a single-member US LLC owned from outside the US.
For a single-member US LLC owned by a non-US individual, the owner usually signs Form W-8BEN in their own name, because the LLC is a disregarded entity and does not normally submit Form W-8BEN-E itself. If the owner is a foreign company, it uses Form W-8BEN-E. Form W-9 is only for US persons, so a foreign-owned LLC does not use it.
Which Form Do You Sign?
| Who owns the LLC | Form | Signed by |
|---|---|---|
| One non-US individual (single-member LLC) | Form W-8BEN | The owner, in their own name |
| One foreign company | Form W-8BEN-E | The foreign company |
| One US person | Form W-9 | The US owner |
| Two or more members (taxed as a partnership) | Different rules: the LLC itself is the payee | Ask us before signing |
Why the LLC Usually Does Not Sign
A single-member LLC is “disregarded” for US income tax: the IRS looks through it to the owner. The Form W-8BEN-E instructions say a disregarded entity generally does not submit the form; instead, the single owner provides Form W-8BEN or W-8BEN-E as appropriate. The Form W-9 instructions say the same from the other side: for a disregarded entity, the form comes from the owner, not the entity.
What Each Form Is For
- Form W-8BEN: a non-US individual certifies foreign status and can claim tax treaty benefits on certain payments.
- Form W-8BEN-E: the same job for a foreign entity, plus its FATCA status.
- Form W-9: a US person gives their US tax number to a payer.
Common Situations
| Who asks | What they usually need |
|---|---|
| Stripe | Account details for the LLC (name, EIN) and tax details for the person behind it; follow the fields Stripe shows |
| Amazon Seller Central | A tax interview that produces the right W-8 or W-9 form based on your answers |
| US clients paying invoices | A W-8BEN from the foreign owner of a single-member LLC |
| Upwork / Fiverr | Their own tax information screen; answer as the owner if you freelance through a single-member LLC |
Platform screens change often, so read each question carefully and choose the option that describes the beneficial owner. If a platform insists on something that does not fit, ask us before you sign.
Mistakes to Avoid
- Signing Form W-9 for a foreign-owned LLC.
- Filling in Form W-8BEN-E in the name of a single-member LLC.
- Giving different names or countries on the form and on your account.
- Claiming a treaty rate your country does not have with the US.
W-8BEN and W-8BEN-E: FAQs
Does my US LLC sign Form W-8BEN-E?
Usually not. A single-member LLC is a disregarded entity for US tax, and the IRS instructions say a disregarded entity generally does not submit Form W-8BEN-E. The owner provides the form instead: a foreign individual owner uses Form W-8BEN, and a foreign company that owns the LLC uses Form W-8BEN-E.
Should my foreign-owned LLC fill in Form W-9?
No. Form W-9 is for US persons. For a disregarded entity, the W-9 comes from its owner, so a single-member LLC owned by a non-US person documents the foreign owner on a Form W-8 instead.
Why does Stripe, Amazon or a client ask for these forms?
US payers must know whether they are paying a US or a foreign person so they can apply the right withholding and reporting. The form tells them who the beneficial owner is.
Whose name goes on the form?
On Form W-8BEN, your own name as the owner. Platforms often also ask for the LLC’s name and EIN in their own account settings; follow their on-screen fields, and keep the owner as the person certifying foreign status.
Does signing W-8BEN mean I pay US tax?
No. The form certifies foreign status and, where a tax treaty applies, may claim a reduced withholding rate. Whether any US tax is due depends on the type and source of the income.
Based on the IRS Instructions for Form W-8BEN-E (revised October 2021) and Form W-9 (revised March 2024). Not personal tax advice.
Not Sure Which Form to Sign?
Send us the request you received and our tax team will tell you which form fits your LLC.
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