• W-8BEN

    From Stuart O. Bronstein@21:1/5 to All on Thu Feb 29 20:22:23 2024
    I'm confused. I looked at the instructions for the W-8BEN and it's not
    clear (to me, anyway) whether it has to be used by everyone who isn't a US person (so includes resident aliens who aren't green card holders) or just people who are nonresident aliens for tax purposes.

    Taxpayer was classified as a nonresident alient in 2022, but passes the substantial presence test for 2023. Does he switch from W-8BEN to W-9?

    Thanks for any clarification you can give.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From John Levine@21:1/5 to All on Fri Mar 1 12:03:39 2024
    According to Stuart O. Bronstein <spamtrap@lexregia.com>:
    I'm confused. I looked at the instructions for the W-8BEN and it's not
    clear (to me, anyway) whether it has to be used by everyone who isn't a US >person (so includes resident aliens who aren't green card holders) or just >people who are nonresident aliens for tax purposes.

    Taxpayer was classified as a nonresident alient in 2022, but passes the >substantial presence test for 2023. Does he switch from W-8BEN to W-9?

    Thanks for any clarification you can give.

    In the instructions under "Do not use Form W-8BEN if you are described below." it says that a resident alien uses W-9, not W-8.

    As I understand it, W-8 forms are for people who will not be filing US tax returns, W-9 for people who will.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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    * Origin: fsxNet Usenet Gateway (21:1/5)