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Filing W-8 or W-9 for Fidelity International account in India

I have a Fidelity International account in India with company stocks from 2020 and 2021. Since moving to the U.S. in 2021 on an F1 visa, I also have a company stock account with Morgan Stanley and a personal Robinhood account, both with W-9 forms filed. I haven't sold any stocks from my Indian Fidelity account. Now, when accessing it, I'm prompted to complete a tax form but am unsure whether to fill out a W-8 or W-9. Could someone advise on which form is appropriate for my situation?

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1 Reply
pk
Level 15
Level 15

Filing W-8 or W-9 for Fidelity International account in India

@mahideeptumati , Namaste ji.

 

(a) From your post  it appears  that you are   still on "Exempt" status i.e. exempt from counting days present in the USA.  If that is the  case then you are generally  NRA ( Non-Resident Alien ).  Of course  this is based on assuming that your entry on F-1 visa  was your first entry in to the USA for any reason and specifically  you had no presence in the US during the years 2019, and 2020.   If neither of these assumptions are not true then  the premise of this  para is false.   

 

(b) If  you are NRA , then you need to  use W-8 BEN  for all your  US Sourced passive income  accounts, even with SSN.

 

(c) If on the other hand you did not meet the eligibility requirements for  the "Exempt status " , then at the writing of this you would have met the SPT  ( Substantial Presence Test )  and therefor  are a Resident for Tax Purposes.  In  such a case you use  W-9 for all your US sourced Passive  incomes.

 

Does this help ?   Is there more I can do for you ?

 

Namaste ji

 

pk

 

 

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