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W-9 or W-8BEN or W-8ECI

I am F-1 student from India. I have arrived in the United States in August of 2022. I have since been in the US and haven't left the country. I recently graduated and about to start working as a 1099 contractor. 

My employer wasn't sure if I have to complete a W-9 or W-8ECI or W-8BEN. 

 

Recently I visited fifth third Bank and they asked me to fill a w-9. I asked them if were supposed to be filling a different form. They asked me few questions and determined I should fill a W-9. Now, should I fill a W-9 for my employer or a different form. 

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1 Reply
DaveF1006
Employee Tax Expert

W-9 or W-8BEN or W-8ECI

As an F-1 student from India who arrived in the U.S. in August 2022, you are considered a nonresident alien for tax purposes if you filed a 8833 for the years you were here. If this is the case, you should complete Form W-8BEN.  

 

  1. Form W-8BEN: This form is used by nonresident aliens to certify their foreign status and claim any applicable tax treaty benefits. As a nonresident alien, you should use this form to provide your information to your employer.
  2. Form W-9: This form is used by U.S. persons (citizens and resident aliens) to provide their taxpayer identification number (TIN) to their employer. Since you are a nonresident alien, you should not use this form.
  3. Form W-8ECI: This form is used by nonresident aliens to certify that income is effectively connected with the conduct of a trade or business in the U.S.  

Since you are a non-resident still in the exemption period, you would not fill out a W-9 unless you have not filled out a 8833 in 2023 or 2024. if you haven't submitted this form, then you became a resident alien in year 2023.

 

In summary, if you filled out your 8833 for 2023 and 2024, you are US non resident and your employer would fill out forms W-8BEN and W-8ECI. If you are a resident alien, the W9 would need to be filled out. I mention this because of the World Bank's recommendation thus determined that you were a resident alien.

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