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W-8BEN or W-9 when moving out of USA.

I moved out of USA permanently in July, 2023 after living there for about 11 years on H1b visa and i do pass the substantial presence test and therefore I am considered a resident alien for tax purpose for tax year 2023.

1) Do i need to file forms W-8BEN or W-9 with my financial institutions, even though for year 2023 i will still be considered resident alien for tax purposes? also if yes, which form it would be?

2) Do i need to file W-9 even if i update my friends USA based address with financial institutions ?

3) if i need to file W-9 now, at what point do i file W-8BEN? would it be at the start of next financial year (i.e. Jan 2024) ?

1 Reply
Level 14
Level 14

W-8BEN or W-9 when moving out of USA.

@kuldeep_23123 ,  Namaste ji


(a)  Note that because you have been a Resident for tax purposes for over 10 years,  you fall into longterm resident rules and as such there may be  mark-to-market requirements when you sign for the sailing permit

(b) since you have had SSN, your account at IRS continues to be under that Tax ID and so you do not need to file a W-8 BEN.  Your financial institutions  should have your change of address -- since you plan to use a friend's US address  for all official mail.

(c) If you meet the substantial Presence Test for year 2023, you would be treated as a resident for the year 2023, thus allowing you to file form 1040 ( supported by TurboTax ).  However, you need to be aware that , if you continue to be a resident till the last day of the year, your world income ( i.e. income whereever earned post your departure from the USA )  would be taxed by USA.  But you will be able to use Standard deduction.,  if, and only if you are resident for the whole  calendar year.. That is why people often delay their departure or at least recognition of it till close to the end of the year.

(d) once you have settled in your new country ( India ? ), and for the year 2024 you will need to apply for an ITIN , only for filing returns for thst year , assuming you have US sourced income post  2024 nJan 1st.


Is there more I can do for you ?    If you specific questions  that do not pertain or benefit the general tax payers , you are welcome to PM me  ( just  keep personally Identifiable Information out  ).




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