What is w8-ben form?

#1
I used to be an f1 visa holder but it expired and I fell out of status. I still have my SSN so I am wondering if I can tell the truth to my employer and instead of w9 ask him to give me w8 Ben form to fill in. Can this form be used for employment of people without working authorization ?
 

newacct

Well-Known Member
#2
Since you are out of status and have been present in the US for at least most of the year, you are a resident alien for tax purposes. W-9 is the correct form to request SSN from you, and not W-8BEN.
 
#3
As long as you have SSN you're allowed to use W-9 instead of W8-BEN. There's nothing wrong about you were using BEN previously, yet if your employer will keep issuing you that form exactly, you can fill the W-9 form by yourself from the template. It's not free, unlike the same on the IRS website, but faster and more stable
 
#4
W8-BEN. Form W8-BEN, Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding, is used by a foreign person to establish both foreign status and beneficial ownership, and to claim income tax treaty benefits with respect to income other than compensation for personal services.
 
Top