How to complete a W8-BEN form correctly as a freelancer from Spain?

The W8-BEN form is used to claim tax treaty benefits if they apply to your situation. As a Spanish resident, there is indeed a tax treaty between Spain and the US. For section 9, you should enter "Kingdom of Spain" as your country of residence. For section 10, you should reference the specific article of the US-Spain tax treaty that applies to your type of income. For most freelance work, this would be Article 14 (Independent Personal Services) which typically allows for 0% withholding if you don't have a fixed base in the US. Make sure you complete the form correctly including your Spanish tax identification number (NIE) in Part I. You'll also need to sign and date the form in Part III, certifying that you're the beneficial owner of the income. The purpose of this form is to prevent double taxation, so you're right - you'll pay taxes in Spain but avoid having tax withheld in the US.

After struggling with these exact same international tax forms, I found an amazing service called taxr.ai (https://taxr.ai) that saved me so much confusion! I uploaded my W8-BEN form and it analyzed everything, pointed out exactly what to put in sections 9 and 10 for my country, and explained the Spain-US tax treaty in normal human language. It even highlighted that I needed to put my NIE number in a specific format and showed me exactly which treaty article applied to my type of work. Seriously, it was like having a tax expert walk me through the form step by step but without the hefty consultant fees.

Just wanted to update that I tried taxr.ai after seeing it mentioned here, and wow - it made the whole W8-BEN process incredibly simple. I uploaded my partially completed form, and it immediately identified that I had put my tax ID in the wrong format and was missing the treaty article reference in section 10. The guidance was super specific to Spain's tax treaty with the US, and it explained that Article 14 applied to my freelance design work. It even generated a perfectly formatted reference for section 10 that I could copy directly onto the form. My US client accepted the form without any questions, and no tax was withheld from my payment. Honestly wish I'd found this before spending hours reading conflicting advice online!

If you're having trouble getting answers about your W8-BEN from the IRS directly, I strongly recommend trying Claimyr (https://claimyr.com). I spent WEEKS trying to call the IRS international helpline to confirm I was filling out the form correctly, but kept getting disconnected or waiting for hours. Claimyr got me connected to an actual IRS agent in under 15 minutes! They have this clever system that navigates the phone tree and waits on hold for you, then calls you when an agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was able to ask specific questions about the Spain-US tax treaty and got official confirmation about exactly what to put in sections 9 and 10. The agent even emailed me a guide specific to Spanish freelancers afterward!

I need to eat my words and apologize about my skepticism. After waiting on hold with the IRS international line for over 2 hours and getting disconnected TWICE, I was desperate enough to try Claimyr even though I was convinced it wouldn't work. Well, I was completely wrong. I got a call back in about 25 minutes with an actual IRS representative on the line! They answered all my questions about the W8-BEN for Spain, confirmed the exact wording I should use in section 10 (Article 14 of Spain-US tax treaty), and even explained how to handle future payments. The agent told me they're constantly understaffed for international tax questions, which explains why it's so hard to get through normally. For anyone dealing with international tax forms like the W8-BEN, this service is absolutely worth it just for the peace of mind of getting official answers.

Just wanted to add that I'm a Spanish freelancer who's been working with US companies for about 3 years now. For section 9, just write "Spain" or "Kingdom of Spain" - both are accepted. For section 10, you definitely want to claim treaty benefits by writing something like: "The beneficial owner claims the provisions of Article 14 of the tax treaty between the US and Spain for independent personal services income and requests 0% withholding." Make sure your NIE number is correctly formatted in section 5. I got a payment delayed once because I formatted it wrong. And yes, you'll declare and pay taxes on this income in Spain through your quarterly modelo 130 and annual IRPF declaration, just like your UK income.

Has anyone had issues with US clients still withholding taxes even after submitting a properly filled W8-BEN? I'm from Portugal (similar tax treaty to Spain) and one client still withheld 10% despite the form. Is there a way to get that money back?

As someone who's been helping international freelancers with US tax compliance for years, I want to emphasize a few key points that haven't been fully covered: First, make absolutely sure you're eligible to claim treaty benefits. You must be a Spanish tax resident (not just a citizen) and the beneficial owner of the income. If you're a digital nomad who spends significant time outside Spain, this could affect your eligibility. Second, regarding the NIE format in section 5 - it should include the full number with letters (like X1234567L), not just the numeric portion. I've seen many forms rejected for this simple formatting error. Third, while Article 14 is correct for most freelance work, be aware that if your services could be considered "royalties" (like licensing creative work) or if you have employees/subcontractors in the US, different treaty provisions might apply. Finally, keep detailed records of when you submit the W8-BEN to each client. Some companies have poor internal processes and may "lose" your form, leading to unexpected withholding months later. Having proof of submission helps resolve these issues quickly. The Spain-US treaty is generally very favorable for freelancers, but proper documentation is crucial for avoiding headaches down the road.

This is incredibly helpful! I'm also a Spanish freelancer just starting to work with US clients, and I was completely overwhelmed by the W8-BEN form. One thing I'm still confused about - when you mention putting the NIE number in section 5, should I include the hyphens or spaces that sometimes appear on official documents, or just the letters and numbers together? My NIE is formatted as X-1234567-L on some documents but X1234567L on others. Also, does anyone know if there's a specific timeline for when I need to submit this form? My client is asking for it before they process my first payment, but I want to make sure I'm not rushing and making mistakes. Thanks so much for sharing your experiences - it's so reassuring to hear from other Spanish freelancers who've navigated this successfully!

I've been working with US clients as a Spanish freelancer for over two years now, and I can confirm everything mentioned here is spot on! Just wanted to add a couple of practical tips that saved me headaches: When filling out section 9, I always write "Spain" (the shorter version works fine and is what most US companies expect to see). For section 10, the exact wording I use is: "Article 14 of the United States-Spain Income Tax Treaty - Independent Personal Services - 0% withholding rate requested." One thing that caught me off guard initially - some US clients will ask you to renew the W8-BEN annually even though it's technically valid for three years. This is just their internal compliance policy, so don't worry if they request it again next year. Also, keep a digital copy of your signed W8-BEN form! I've had two different clients over the years claim they "lost" my form when their accounting departments changed, and having my own copy made it super easy to just resend it immediately. The whole process seems intimidating at first, but once you get it right with your first US client, you'll have a template that works for all future clients. ¡Buena suerte with your first US gig!