Quick Answer: It depends on who owns the LLC and how it is taxed, not on the LLC's name. A single-member LLC that is a disregarded entity owned by a foreign person gives a W-8 (W-8BEN if the owner is an individual, W-8BEN-E if the owner is a company) — the IRS looks through the LLC to its foreign owner. A US LLC taxed as a corporation, or a multi-member partnership, is itself a US person and gives a W-9. Giving the wrong form can trigger 24% backup withholding. Educational only — not tax advice.
TL;DR
- The form follows the owner, not the LLC, for a disregarded single-member LLC.
- Foreign owner + disregarded LLC → W-8BEN (individual) or W-8BEN-E (entity).
- US-person LLC (corporate election, or multi-member partnership) → W-9.
- A valid W-8 stops the 24% backup withholding, but US-source FDAP income can still face 30% Chapter 3 withholding (often reduced by a tax treaty).
- Whether anything is actually withheld depends on whether your income is US-source, FDAP, or effectively connected (ECI) — that part is fact-specific; confirm with a CPA.
The rule in one line: look at the owner, not the LLC
A US client who pays your business has to collect a tax form so they can report the payment to the IRS. They ask US persons for a Form W-9 and foreign persons for a Form W-8. The confusion for LLC owners is that a US LLC looks domestic — it was formed in Wyoming or Delaware — yet a foreign-owned single-member LLC is treated as foreign for this purpose.
The reason is disregarded-entity look-through. A single-member LLC that has not elected corporate taxation is a "disregarded entity": the IRS ignores the LLC and treats the income as belonging directly to the owner. The IRS instructions are explicit — for a disregarded entity, "the owner of a disregarded entity (including an individual), rather than the disregarded entity itself, must submit the appropriate Form W-8BEN." So if you, the owner, are a foreign person, your US LLC hands the client a W-8, not a W-9 — even though the LLC is domestic.
Jargon, once: Disregarded entity = an LLC the IRS ignores for income tax, taxing the owner directly. Backup withholding = a flat 24% the payer must keep and send to the IRS when the tax form is missing or wrong. FDAP = Fixed, Determinable, Annual, or Periodical US-source income (interest, dividends, royalties, some service income). ECI = income Effectively Connected to a US trade or business, taxed on a net basis instead of by flat withholding.
Which form your LLC gives — decision table
| Your US LLC is… | Owner's status | Form to give the client |
|---|---|---|
| Single-member, disregarded | Foreign individual | W-8BEN |
| Single-member, disregarded | Foreign company | W-8BEN-E |
| Single-member, disregarded | US person | W-9 |
| Multi-member (partnership) | Domestic LLC (any owners) | W-9 (LLC is a US person)* |
| Taxed as C or S corporation | Domestic LLC | W-9 (LLC is a US person) |
* A domestic multi-member LLC is itself a US person and gives a W-9. Separate partnership withholding rules (IRC §1446) can apply to a foreign partner's share of effectively connected income — that is the partnership's obligation, not something the W-9 resolves. If you have foreign partners, confirm the §1446 treatment with a CPA.
Why a foreign-owned single-member LLC usually gives W-8BEN, not W-9
This is the case that catches most non-resident founders. You formed a US LLC to take Stripe payments and bill US clients, the LLC is a disregarded entity, and you are the only (foreign) owner. When a US client asks for a "W-9," the technically correct response is usually a W-8BEN in your own name, because the IRS sees the income as yours, not the LLC's.
Giving a W-9 you are not entitled to — for example, putting the LLC's EIN on a W-9 to look "domestic" — misrepresents your status to the payer and the IRS. Giving the right W-8 keeps your file clean and, as the IRS instructions note, lets a foreign person "claim an exception from domestic information reporting and backup withholding" for the right income types.
If your LLC is owned by a foreign company rather than an individual, the entity version — W-8BEN-E — applies instead. It is the same look-through logic; the owner is just an entity.
When your US LLC gives a W-9 instead
Not every foreign-owned LLC gives a W-8. Your LLC is itself a US person — and gives a W-9 — when it is not a disregarded entity:
- You elected corporate taxation (filed Form 2553 for S-corp or 8832 for C-corp). Note: a foreign individual generally cannot be an S-corp shareholder, so in practice this is the C-corp case for non-residents.
- The LLC has two or more members and is taxed as a partnership. The domestic partnership is a US person and gives a W-9 (with the §1446 caveat above).
The dividing line is always the same question: is the LLC disregarded? If yes, look to the owner. If no, the LLC speaks for itself. For the US-owner side of W-9 mechanics — Line 3a boxes, the SSN-vs-EIN choice, Line 3b — see our companion guide on how to fill out a W-9 as an LLC.
W-8BEN vs W-8BEN-E: individual vs entity owner
| Form | Who uses it | Typical reader |
|---|---|---|
| W-8BEN | A foreign individual who is the beneficial owner | A solo non-resident founder who owns a disregarded US LLC |
| W-8BEN-E | A foreign entity (company) | A non-US company that owns the US LLC |
Both certify foreign status to the payer. W-8BEN is a one-page form; W-8BEN-E is longer because entities must also report their "Chapter 4" (FATCA) status. Most individual non-resident LLC owners use W-8BEN.
Does giving a W-8 mean your money gets withheld?
This is the part that worries people, and the honest answer is it depends — on the type of income, not the form. Two separate withholding systems exist:
- Backup withholding (24%) — triggered by a missing or mismatched tax form. A valid W-8BEN stops this for a foreign person.
- Chapter 3 / NRA withholding (30%) — applies to US-source FDAP income paid to a foreign person. The IRS states foreign persons are "subject to U.S. tax at a 30% rate on income they receive from U.S. sources." A tax treaty between the US and your country can reduce this rate (you claim it on the W-8BEN itself).
The catch that saves many founders: a lot of non-resident LLC income is not US-source FDAP. Service income for work performed outside the US is generally foreign-source, and income effectively connected to a US trade or business (ECI) is taxed on a net basis through a return (Form 1040-NR or 1120-F), not by 30% flat withholding. Whether your specific payments are US-source, FDAP, or ECI is fact-specific and decides whether any 30% applies. Model your exposure with our non-resident tax calculator, and confirm the classification with a cross-border CPA before you rely on it.
How to fill and deliver the form
- Confirm you are the beneficial owner and a foreign person (no US citizenship or US residency for tax purposes).
- Use W-8BEN (individual owner) or W-8BEN-E (entity owner) — in the owner's name, not the LLC's.
- Enter your foreign TIN and, if claiming a treaty rate, the treaty country and the relevant article/rate on the treaty-benefits lines.
- Sign and date. A W-8BEN is generally valid for the year signed plus three calendar years.
- Give it to the client/payer — never to the IRS. The payer keeps it on file, the same way a W-9 is handled.
When you bill that US client, our free invoice generator produces a clean US invoice with your LLC details, entirely in your browser. For the full foreign-owner setup — EIN without an SSN, banking, Form 5472 — see the non-resident US LLC guide.
Frequently asked questions
My LLC is in Wyoming — isn't it a US company that gives a W-9? Not necessarily. The LLC is domestic, but if it is a single-member disregarded entity, the IRS looks through it to you. A foreign owner of a disregarded US LLC gives a W-8BEN, not a W-9 — the LLC's state of formation does not change that.
The client insists on a W-9. What do I do? Explain that as a foreign owner of a disregarded LLC you are required to provide a W-8BEN instead, and send it. A W-8BEN is the correct certification of foreign status; a payer who understands the rule will accept it. Providing a W-9 you are not entitled to is a misrepresentation.
Will I get hit with 24% backup withholding? A valid W-8BEN stops backup withholding for a foreign person. Backup withholding (24%) applies when the tax form is missing or the name/TIN do not match — giving the correct W-8 is what prevents it.
Then what about the 30% I keep reading about? That is a different system — Chapter 3 withholding on US-source FDAP income paid to foreign persons. It does not apply to foreign-source income, and effectively connected income (ECI) is taxed on a net basis via a return instead. Whether 30% applies to your payments depends on the income's source and type; a tax treaty can reduce it.
What if a foreign company owns my US LLC, not me personally? Use W-8BEN-E, the entity version. The look-through logic is the same — the disregarded LLC's owner provides the form — but the owner is a company, so it certifies its status on W-8BEN-E.
Educational only, not legal or tax advice. Sources: IRS Instructions for the Requester of Form W-9; IRS Instructions for Form W-8BEN; IRS About Form W-8BEN — verified 2026-06-11. Cross-border withholding depends on your specific facts and any applicable tax treaty; always consult a licensed CPA or tax attorney before relying on it.