I am non resident alien in USA on F-1 Visa. I worked for two companies as an independent contractor in 2017. Which form i should fill for them? W9 or W8BEN or other?

[vivekghelani]

I also paid estimated tax for 2017 using form 1040 NR. Also, Paid estimated state tax for 2017. 

[DS30 · Accepted solution]

You would provide your employer a Form 8233.

This form is used by non resident alien individuals to claim exemption from withholding on compensation for personal services because of an income tax treaty or the personal exemption amount.

You will need to file a Form 1040NR to report your US source income. TurboTax does not support Form 1040NR. You may want to try https://www.sprintax.com/ which is specifically designed to help international student nonresident aliens with their US tax returns.

Here is a link to the IRS website for Form 1040NR, U.S. Nonresident Alien Income Tax Return

[vivekghelani]

Should W8BEN be used when I am outside of the USA? I was in USA the whole time.

Also, the company did not asked me at the beginning. They asked me now as they want to file my income with IRS and give me 1099 for my returns. Should i just fill W8BEN now and send it to them?

[DS30]

edited

[vivekghelani]

Thank you for a quick reply! What form should i fill for tax return when i get 1099 from my company?
Also, i used to work as an independent contractor for two different companies. Does it create any complications?
Thank you so much again! I appreciate it!

[vivekghelani]

I found this - " Do no use W8-BEN if - You are a nonresident alien individual who claims
exemption from withholding on compensation for
independent or dependent personal services performed in
the United States. Instead, provide Form 8233 or Form
W-4.”
Any comments?

[DS30]

You are correct. 🙂 You actually need to file Form 8233 with your employer (I have updated my answer). As for your reporting requirements, you will include all sources of US income on Form 1040NR.  The fact that the US income is from multiple sources should not affect your reporting requirements.

[vivekghelani]

Thanks for the updated answer. It is really helpful. I also read that form 8233 should accompany Form W4 but W4 is only for the employee. Do you think that I should just fill form 8233 and submit it? no need for any other forms.

I also paid Estimated federal and state tax using form 1040 NR (EZ) - in case helps you finding answers. Thanks again!

[DS30]

Yes, just submit the Form 8233 without Form W-4. If you paid any estimated taxes, you can include those amounts on your 1040NR

[vivekghelani]

Thanks! Are there any resources that can help me with filling the Form 8233 for tax treaty section?

I am not sure if I submit the form as a student or independent contractor. As I am working on OPT (F1 visa) as an independent contractor?

Please send me links to any resources that can help me in filling this forms. Thanks s much again!

[bine22]

is the work you did for these companies part of your studies/OPT/CPT?

[vivekghelani]

I am on F1 visa. I ompleted my study back in DEC 2016. I am working on OPT and now on STEM OPT. I think it counted as a work part of my study. But i am not sure. As i am already graduated.

[vivekghelani]

I am on F1 visa. I completed my study back in DEC 2016. I am working on OPT and now on STEM OPT. I think it counted as a work part of my study. But I am not sure. As i am already graduated.

[vivekghelani]

What i should be entering under tax treaty section of the form 8233? line 12 through 18

[vivekghelani]

I filled form 8233 and gave it my employer. They sent it to IRS. IRS didn't give any confirmation letter to my employer and I didn't get any form like w-2 or 1099. I have paid estimated advanced tax for 2017. Should I just fill 1040 NR EZ and send it to IRS?