As an employer receiving services from a foreign individual (W-8BEN completed), can the employer require the W-8 employee to have a US bank account to send their contracted payroll? I don't think that we (the employer) can, but I wanted to see if I could get either confirmation or clarification on this please.

1 Answer 1



The employer isn't required to impose that condition, but can require an employee to create a particular bank account for the employer's administrative convenience.

In general, under U.S. law, the answer to questions in the form "Can the employer require . . . ?" is "yes" unless a specific statute or common law legal requirement says otherwise and no such limitation applies in this case.

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