Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
get2niz
New Member

W8 BEN form filing - Out of US but holding H1B status

On April 2016 returned to home country(India) from US (H1B valid till 2018). As I'm eligible to file I.T for 2016 yr till my april stay, can I eligible to file W8BEN form. As I m doing forex trading from my country using the Bank account of US now, this trading comp wants me to file this W8 as they are not allowing US residents in this trading. Can you advise me if I can file W8 or should hold up? thanks for any advise on this. 

1 Best answer

Accepted Solutions
bine22
Level 7

W8 BEN form filing - Out of US but holding H1B status

If you still meet the substantial presence test for 2016, you are still a resident alien in the US and would not be able to use form W8.

View solution in original post

2 Replies
bine22
Level 7

W8 BEN form filing - Out of US but holding H1B status

If you still meet the substantial presence test for 2016, you are still a resident alien in the US and would not be able to use form W8.

get2niz
New Member

W8 BEN form filing - Out of US but holding H1B status

Thanks for the details, can you help me in understanding my presence will I be qualify as resident alien test. I stayed in US from Nov 15 2013 till April 7 2016, I filed tax for 2013,2014 & 2015. Will I still be eligible to file tax for 2016 as well.
Dynamic AdsDynamic Ads
Privacy Settings
v