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What happens if I never collected a W-8?

Banking, payments & cross-border

Without documentation you are expected to presume the payee is US or foreign under the presumption rules, which generally leads to withholding at the statutory rate.

The liability for tax you should have withheld falls on your company. Collect the forms retrospectively and fix the position going forward.

We handle this for founders running US companies.

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Check your EIN confirmation letter (CP 575) first. If that is gone, look at a previously filed tax return, a business bank account application, or any 1099 you have issued. Your bank or your payroll provider will also have it on file.

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