W-8BEN(W-8BEN)
Form W-8BEN is the IRS form a foreign independent contractor must submit to a US company before receiving their first payment, certifying foreign status and (where applicable) claiming a tax treaty benefit. It must be collected before the first payment and is valid for 3 calendar years from the date signed.
US companies paying foreign contractors generally do not need to issue a Form 1099-NEC when the contractor performs all work outside the United States, per IRS guidance. But without a valid W-8BEN on file, the payer may be required to withhold US tax on the payment - making W-8BEN collection a prerequisite compliance step, not an optional formality.
For the full country-by-country payment compliance walkthrough, see How to Pay International Contractors Legally.