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Form W-8BEN is a US tax form that a foreign person gives to a US payer to certify foreign status and claim treaty benefits. For Indian freelancers doing work from India, it usually means the payer does not withhold US tax.
ITR
US clients asking for Form W-8BEN
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Provisions
Sec 90, Income-tax Act 1961 (now Sec 159, Income-tax Act 2025); Sec 5, Income-tax Act 1961
Analysis
It does not replace Indian tax; the income is fully taxable in India as a resident. Example: without W-8BEN, a US platform may withhold 30% and you would struggle to claim it back. With it, you receive the full amount and pay tax in India through your ITR. Fill it accurately with your PAN where a foreign tax ID is asked, as platforms commonly accept.
Close
- Fill W-8BEN with your correct name, address and country
- Provide PAN as the foreign tax identifying number where asked
- Keep a copy
- Report the full receipts in your Indian return
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