I am a French.
I will spend 2 months at a non profit science institute as a trainee. I will have a J-1 visa. Then I will return to France.
I will receive a 10.000$ stipend, non compensatory as I will not provide any personal service. I will not be an employee of the US institute. The US institute is a scientific non profit organization.
A treaty exists between US and France, and art 21 states that gifts for students and trainee shall not be taxed.
I have been asked to fill a W-9 form or a W-8BEN, it is my choice.
I have been told I can legally fill a W-9 as I will be considered a resident alien, but I fail to find the reason according to IRS documents.
The question is: can I fill W-9 form or would it be illegal? Which is my status for this stay with respect to IRS? Resident or non resident alien?
Thank you.
