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Community Member

Legal name of business?

I am puzzled a bit with "Tax Information" section.  To begin with, I have to point out I am not a U. S. person. I  cannot complete my profile since in the "Tax Information" section  I do not know what to write in the field "Legal name of business", since I do not pay tax because I do not posses anything that is exclusivelly mine like real estate etc. and therefore I have no tax return and name from it to provide...It may sound stupid, but I just wanna make sure I'm not making a mistake ...Should I simply write my birth name in the field "Legal name of business"?

Community Manager
Community Manager

Hi Boris,


Please enter your full, legal name in that field and note that the W8 form is used to confirm you're not a US taxpayer.

~ Vladimir

Name of what? Name and surname? Or ID? You just repeated field text. What does it mean "legal"? Is my first name legal or not?


P.S.: Unfortunately there are no dislikes here.



In the W-8BEN under your Settings> Tax Info you can enter your first and last name as it appears in your passport and other official documents.

~ Valeria

Can I Update my Firm Name under W-8BEN?? Because i would like to have my firm name mentioned in Invoice generated by Upwork to client for taxation purpose in India


Please help!

Hi Hitesh,


Thanks for reaching out to us. As a Freelancer, you will have to use only your real name on the W-8BEN form.


Thank you.

~ Aleksandar

Hello Aleksandar,

What about when its an agency and not individual freelancer? Do you allow the transition also from one type of account to another i.e. I started out as freelancer and later want to convert to Agency based on business growth. Please advise.




Hi Mitesh,


Thanks for reaching out to us. As a Freelancer, you can create an Agency profile. Please note that W-8BEN doesn't exist on Agency's profile, but instead it's linked to the Agency owner profile. Feel free to follow up if you have further questions.


Thank you.

~ Aleksandar

Just First and last name? or should I also include the middle name? thank you

Retired Team Member
Retired Team Member

Hi Ma. Elaine,


I would recommend using your full legal name. Thank you.

~ Goran

Hi Goran! I have just created an agency and now it is asking for W8-BEN . What should i add to my legal name of taxpayer. I am non-US citizen. Should i add my agency name or my personal name?

Hi Wasim,


Thank you for reaching out to us. I would like to clarify that you can use either. If your agency is a registered business, you can provide your business name under the W-8BEN. You can find more information about the W-8BEN form here.


~ Nikola

Thank you
Community Member

same here. I barelly started with upwork and do not know what to write in that section...

Hi Matija,


You can add your full legal name in this section as well and proceed with filling out your tax details. Thank you.

~ Goran

Hello, i'm a new freelancer on upwork, i'm not a U.S. Person.
If i filled the Legal name of business with my full legal name, should i also print the fw8bin form and fill it, if so where to send it ?

Hi Youness,


The Form W-8BEN is a form used to confirm you’re not a U.S. taxpayer and that Upwork is not required to withhold taxes from your earnings. You don't need to print the form. You just need to fill in the requested details. Please check this help article for more information. Thanks!

~ Joanne
Community Member

Hello Joanne,


Is this Legal Name indicating that the first part is my given name and the last part is my family name? As you may know that in some countries and regions people put these names in different orders. Thanks!


- Jing

Community Manager
Community Manager

Hi Jingyun,


We completely understand that not all names have the same pattern when written in public documents or when registering for an account online. Hence we carefully review each document to ensure that users will not have a problem when the time comes that they will be requested to verify their identity. We implement guidelines when reviewing documents and the concerns you have raised regarding your name should not be a problem. If your name variation is not acceptable, our agent will advise you directly about the mismatch on your documents and will suggest editing your Upwork profile name to match your legal name. 


Thank you.

~ Bojan

At first, I'm so confused about that but I saw some confession that you must type your Fullname so I did and it work! Try it 🙂


I am an internatinal student on my F1 OPT. I have a 40 hrs full-time job. I would also like to take up upwork assignments as  a part-time work. Do I have to mention my full name ubder legal name of bussiness in W8-BEN? Also, whom should I submit this form to?



Hi Shweta,


You don't need to send a physical copy of your W-8BEN form, just complete the form in your Settings. If you don't have a registered company please provide your full legal name in that field, along with your personal address on the Tax Info page under Settings. Check out this help article for more details.


Thank you!

~ Bojan



I have read everything and I understand what I should input and where but I haven't seen any mention of registered businesses. Namely, I have a registered business under which I work on Upwork and pay taxes here in my country. So, still, even though I have a legal business, my name and last name should go in the field and not my company's name, right?



Monika B wrote:

So, still, even though I have a legal business, my name and last name should go in the field and not my company's name, right?

No, if you have a registered business and are freelancing under that business, that is what you add there. That's why it says "Legal name of business"

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