W-8BEN vs W-8BEN-E vs W-8ECI: which form to give

US payers ask foreign people and companies for a W-8 form before paying them, and choosing the wrong one causes withholding at the wrong rate or a rejected payment. This guide explains which form fits which situation, including the one that confuses US LLC owners most.

By Hamza Fida, Chartered Accountant. Reviewed by Mirza Fahad Baig, Chartered Accountant. Checked against official sources on . 3 minute read.

Short answer

W-8BEN vs W-8BEN-E vs W-8ECI depends on who is being paid and what for. A foreign individual gives Form W-8BEN. A foreign entity gives Form W-8BEN-E. Either gives Form W-8ECI instead when the income is effectively connected with a US trade or business. For a single-member US LLC owned by a foreign individual, the owner usually gives a W-8BEN.

At a glance

W-8BEN
Foreign individuals
W-8BEN-E
Foreign entities, such as a foreign company
W-8ECI
Income effectively connected with a US trade or business
Foreign-owned single-member US LLC
Usually the owner's W-8BEN or W-8BEN-E
US persons
Give Form W-9 instead
How long valid
Generally until the end of the third calendar year after signing
W-8BEN vs W-8BEN-E vs W-8ECI: which form to giveW-8BEN: Foreign individuals; W-8BEN-E: Foreign entities, such as a foreign company; W-8ECI: Income effectively connected with a US trade or business; Foreign-owned single-member US LLC: Usually the owner's W-8BEN or W-8BEN-E; US persons: Give Form W-9 instead; How long valid: Generally until the end of the third calendar year after signing.KEY FACTS AT A GLANCEW-8BEN vs W-8BEN-E vs W-8ECI: which form to giveW-8BENForeign individualsW-8BEN-EForeign entities, such asa foreign companyW-8ECIIncome effectivelyconnected with a US tradeor businessForeign-owned single-member US LLCUsually the owner'sW-8BEN or W-8BEN-EUS personsGive Form W-9 insteadHow long validGenerally until the endof the third calendaryear after signingChecked against official sourcesTax BakersW-8BEN vs W-8BEN-E vs W-8ECI: which form to giveW-8BEN: Foreign individuals; W-8BEN-E: Foreign entities, such as a foreign company; W-8ECI: Income effectively connected with a US trade or business; Foreign-owned single-member US LLC: Usually the owner's W-8BEN or W-8BEN-E; US persons: Give Form W-9 instead; How long valid: Generally until the end of the third calendar year after signing.KEY FACTS AT A GLANCEW-8BEN vs W-8BEN-E vs W-8ECI:which form to giveW-8BENForeign individualsW-8BEN-EForeign entities, such as a foreign companyW-8ECIIncome effectively connected with a US tradeor businessForeign-owned single-member US LLCUsually the owner's W-8BEN or W-8BEN-EUS personsGive Form W-9 insteadHow long validGenerally until the end of the thirdcalendar year after signingChecked against official sourcesTax Bakers
Key facts at a glance, as set out in this guide.

What are W-8 forms for?

A US payer must know whether it is paying a US person or a foreign person, and whether any withholding applies. A W-8 form certifies foreign status, and can claim a reduced rate of withholding under a tax treaty or exemption from withholding for effectively connected income. It is given to the payer, not filed with the IRS. US persons give Form W-9 instead.

How the 30% withholding itself works is covered in the 30% withholding explained.

Which form do you give?

FormWho gives itTypical use
W-8BENA foreign individual who is the beneficial owner of the incomeA freelancer abroad paid by a US client; a foreign individual with a US brokerage account
W-8BEN-EA foreign entity that is the beneficial owner of the incomeA foreign company receiving payments from a US customer or platform
W-8ECIA foreign individual or entity whose income is effectively connected with a US trade or businessA foreign person with a US business receiving income from it, to avoid 30% withholding at source
W-8IMYIntermediaries and flow-through entitiesForeign partnerships and certain agents

Step-by-step help for companies is in Form W-8BEN-E instructions.

Which form does a foreign-owned US LLC use?

A single-member US LLC owned by a foreign person is disregarded for income tax, so the IRS looks through it to the owner. The owner, as beneficial owner, generally gives a W-8BEN if an individual, or a W-8BEN-E if a company, and may note the LLC's name as the account holder. The LLC does not give a W-9, because a disregarded entity is not the taxpayer, and it does not give its own W-8BEN-E as if it were foreign. Payers' onboarding tools often ask this in several steps; answer consistently with your IRS filings.

A US LLC taxed as a partnership or corporation is a US person and gives a W-9.

How do you claim a treaty rate?

Part II of the W-8BEN, and the corresponding part of the W-8BEN-E, is where you claim a reduced treaty rate: you name your country of residence, the treaty article and the rate. You generally need a taxpayer identification number to claim treaty benefits, either a foreign tax number or, in some cases, a US one. Services performed entirely abroad are generally foreign-source and not subject to US withholding in the first place. Line-by-line help is in Form W-8BEN instructions.

When is W-8ECI the right form?

When the income is effectively connected with your US trade or business. Giving a W-8ECI tells the payer not to withhold at 30%, because the income will be reported and taxed on your US return. The form requires a US taxpayer identification number. See effectively connected income explained.

How long is a W-8 form valid?

Generally until the last day of the third calendar year after the year it is signed, unless a change in circumstances makes it incorrect sooner. A form signed in 2026 is generally valid until December 31, 2029. If your circumstances change, such as becoming a US resident, give the payer a new form within 30 days.

What are the common mistakes?

  • A foreign-owned single-member LLC giving a W-9 in its own name.
  • A company giving a W-8BEN, which is only for individuals.
  • Claiming a treaty rate without the required taxpayer number.
  • Leaving the form unsigned or undated.

Not sure which W-8 to sign?

We identify the right form for your structure and income, complete it correctly, and claim any treaty rate you are entitled to.

Questions people ask

What is the difference between W-8BEN and W-8BEN-E?

W-8BEN is for foreign individuals. W-8BEN-E is for foreign entities such as companies.

When should I use Form W-8ECI?

When the income is effectively connected with your US trade or business, so it is taxed on your return instead of by 30% withholding.

Which W-8 form does my US single-member LLC give?

If you own it as a foreign individual, you usually give your own W-8BEN, because the IRS looks through the LLC to you.

How long is a W-8BEN valid?

Generally until the end of the third calendar year after the year it is signed, unless your circumstances change.

Sources

Every fee, date and rule on this page was taken from these official and primary sources.

  1. IRS: Instructions for Form W-8BEN
  2. IRS: Instructions for Form W-8BEN-E
  3. IRS: Instructions for Form W-8ECI
  4. IRS Publication 515: Withholding of Tax on Nonresident Aliens and Foreign Entities

Rules and fees change. If you are reading this long after September 30, 2026, confirm the figures with the source before you rely on them.

More in Foreign-owned and non-resident companies

This guide is general information. It is not tax or legal advice for your situation.