Signing W-8BEN at the bank

[tany1157 161]

My bank insisted, (and I fought for over a week against it) that my husband needed to sign a W-8BEN IRS form before he could be added to my bank accounts. I noticed last week when he went to sign it, that the first thing it said was "do not use this form if you are a U.S Citizen, or an alien resident." The woman working with us was very new, and we went back and forth 4 times to the bank because she kept putting his info in the system wrong. I was about to just close my accounts, and change banks, but the manager fixed everything, but they still asked for him to sign this form. From my research, this is for people who don't have a SS number and are in the country as a student, etc...I am so confused, could anybody help me out here? He has all of his legal documents,is a permanent resident and he is very concerned that he signed something that may say he isn't a permanent resident. Any light shed on this topic would be greatly appreciated!

I also called the IRS directly to find out more about this form, and the man actually told me they don't know the specifics of the form, they could only tell me who shouldn't be filling it out

Edited June 12, 2012 by tany1157

[I AM NOT THAT GUY 5,715]

Go to the bank, withdraw the form, and give them a W-9.

[Moomin 292]

If you already have an ITIN then you don't need to fill that form out. Not having an ITIN, I had to fill out a similar form before setting up a bank account regardless of having SSN. They wanted something else than SSN. Banks have different sets of rules however it wasn't a hassle to open a bank account for me. I just made sure that they didn't mark the USC box anywhere.

Edit: There are 2 forms and they look alike. The one you mention and an other one. One of them is just requesting for you to get the ITIN number. A process you can get through on your own.

Edited June 12, 2012 by moomin

[I AM NOT THAT GUY 5,715]

If you already have an ITIN then you don't need to fill that form out. Not having an ITIN, I had to fill out a similar form before setting up a bank account regardless of having SSN. They wanted something else than SSN. Banks have different sets of rules however it wasn't a hassle to open a bank account for me. I just made sure that they didn't mark the USC box anywhere.

Edit: There are 2 forms and they look alike. The one you mention and an other one. One of them is just requesting for you to get the ITIN number. A process you can get through on your own.

Huh? If you have an SSN, that is your Tax Payer Number. You only require an ITIN if you don't have an SSN.

http://www.irs.gov/individuals/article/0,,id=222209,00.html

[Moomin 292]

Huh? If you have an SSN, that is your Tax Payer Number. You only require an ITIN if you don't have an SSN.

http://www.irs.gov/individuals/article/0,,id=222209,00.html

2 banks disagree with that then.

[I AM NOT THAT GUY 5,715]

2 banks disagree with that then.

2 banks versus the IRS. I think the IRS wins.

[Moomin 292]

2 banks versus the IRS. I think the IRS wins.

They might but since IRS is not really dealing with the hassle of setting up a bank account, I'd go with putting my name to a piece of paper as long as it won't hurt my immigration status.

[I AM NOT THAT GUY 5,715]

They might but since IRS is not really dealing with the hassle of setting up a bank account, I'd go with putting my name to a piece of paper as long as it won't hurt my immigration status.

Having more than one Taxpayer ID just might become an issue, if not with the DHS, then later with the IRS. You should contact the IRS, and close out any taxpayer numbers you are not using.

Edited June 12, 2012 by ☼

[Moomin 292]

Having more than one Taxpayer ID just might become an issue, if not with the DHS, then later with the IRS. You should contact the IRS, and close out any taxpayer numbers you are not using.

It's a non-existent issue. I only have one in my name.

[I AM NOT THAT GUY 5,715]

Not having an ITIN, I had to fill out a similar form before setting up a bank account regardless of having SSN. They wanted something else than SSN.

It's a non-existent issue. I only have one in my name.

[tany1157 161]

Thanks guys. We ended up finding a bank that actually knows how to deal with perm. residents... Left the one who insisted we sign the wrong paperwork!

[Moomin 292]

I don't get what's the problem? They matched it up after going through the papers but before sending me my credit card, meaning it was not an issue.

[M&Pooh 12]

I don't get what's the problem? They matched it up after going through the papers but before sending me my credit card, meaning it was not an issue.

The problem is that you signed the form that - according to IRS instructions - you're not supposed to use. This MIGHT have some consequences. Definitely not something that can be recommended to other people to do.

[sara80 17]

Hello guys,

I am bumping up this thread as I am having a similar issue, altho I am a K1 Visa, therefore in that "limbo".. tomorrow my AOS paperwork is going to be sent off so officially I'll be in the process of adjusting status.

My husband's bank, USAA, (he's an active duty military)is asking me to fill out the W-8BEN form despite telling them that I do have a SSN and they keep saying that all non-US citizens have to fill it out... which even by this statement doesn't sound right as on the form itself it says permanent resident shouldn't fill it! And a PR is NOT an USC!

I am beyond frustrated and would like to hear from you if I should sign this piece of paper or not? And if it's likely it'll give me any problem in the future?

Anyone else gone thro this?

Thanks, your help is very appreciated!

[VanessaTony 3,567]

Hello guys,

I am bumping up this thread as I am having a similar issue, altho I am a K1 Visa, therefore in that "limbo".. tomorrow my AOS paperwork is going to be sent off so officially I'll be in the process of adjusting status.

My husband's bank, USAA, (he's an active duty military)is asking me to fill out the W-8BEN form despite telling them that I do have a SSN and they keep saying that all non-US citizens have to fill it out... which even by this statement doesn't sound right as on the form itself it says permanent resident shouldn't fill it! And a PR is NOT an USC!

I am beyond frustrated and would like to hear from you if I should sign this piece of paper or not? And if it's likely it'll give me any problem in the future?

Anyone else gone thro this?

Thanks, your help is very appreciated!

You're not a permanent resident so fill in the form, put your SSN at 6 and tick the "SSN" box. Once you're an LPR you won't need the form and you'd do a W9 instead.