I am NRA and one bank asks me for the W8-BEN and another for the W9. Why?

[voypcm]

Hello,
I have a question that I can't find a solution to, I'm writing here to see if someone can help me.
My current situation is the following:
-I am a foreigner living in the US.
-Due to the type of my Visa, I am considered NRA (not resident alien).
-I have an SSN number and work permit
-This year I started working for an American company, so I have income from the US. Next year I will have to fill out form 1040-NR. Currently they retain me as NRA, 30%
-I have an account in a bank here in the US
-In another bank, through my company, I am buying shares

Ask:
The bank where I have the account has made me fill out the W8-BEN form, and the bank where I am going to buy shares has made me fill out the W9 form. Is this correct? I don't understand why each one asks me for a different form.

[Anonymous_]

@pk?

[pk]

@voypcm ,  as a work-permit person ( need to know what visa, your country of citizenship and when you entered the country ) with SSN you should be filling out a W-9, but as a general rule NRA  ( Non-Resident Aliens ) don't have SSN  ( unless they have work permit ) and hence the requirement for W8-BEN.  So in your case , even if you are still an NRA ( not having passed the Substantial Presence Test -- SPT), because you have SSN, the service provider should have been using W-9 .  At the end of the day, it really does not matter because  your account at the IRS should  be under SSN.

Please answer my questions listed above so one can be sure of your immigration status.

I will circle back once I hear from you 

pk

[voypcm]

Tks @pk for you answer! I agree with you. 

More info about my self. I have Visa A1, so I have the Diplomat status. So, if I am not wrong, I am NRA regardless the number of days. I have SSN and work permit because de A1 Visa.

So, my understanding, is I have to fill out W8-BEN, no W9. 

I hope your thinking!

[pk]

@voypcm , on going back and re-reading your original post and your newest, I am confused to say the least.  My understanding is as a A-1 visa holder, you are  NRA, immune from FICA/ SECA, can have  investment / passive incomes and be taxed  by the USA as NRA but you cannot have any active income/ wages / self-employment income other than  as part of your diplomatic status/ visa.  I need to know whether your govt. ( foreign govt. / international agency   employing you ) has a tax / diplomatic agreement with US based on which you are/ are not taxed by the USA.

But you are talking about being employed by a private entity { company )  -- what gives .

Please clarify and provide info  required.

pk

[voypcm]

Hi,

You are right, but I am the spose of a Diplomat, so I am allow to work. My wife don't.

This explain what you say.

Best!

[pk]

@voypcm  understand  -- you are NRA  then   ( I am assuming that you are A2 spousal/ dependent visa whose status is dependent on the A1  spouse visa status.).

But since you have SSN , you should use W-9 --- W8-BEN is for those without SSN  but have / need  ITIN ( issued by IRS for  ONLY filing purposes ).

Hope this makes sense.

pk

[voypcm]

Hi @pk and thank your answer!

I am A1, all the family it is.
About your answer, I understad what you say but I am not sure. For example, my wife, A1, is not allow to work, but have SSN. Don't ask me why.

What I see is that the first bank, that is used to work in this situations, made me fill the W8. The new bank, that is not used to work with diplomats, made me fill the W9. After I explained several times my situation.

I have been searching and asking but I didn't find out anything that is sure.

For my understanding, the key point is, if I am NRA for IRS rules, I have to fill out the W8 and not the W9. But I want to be sure.

Tks a lot!

[voypcm]

I update the information.
I have contacted the second bank again, and I have repeated my situation. Now they tell me to fill out the W8.
Then what I assumed is true, since I am NRA I have to fill out the W8, not the W9.
Thanks, especially to @pk  for your help.