IRS - ITIN W-8BEN, W-7 or W-9

[NickandAngi 8]

Hi all,

I'm a little confused on what to do with regards to an ITIN. I opened my bank account last month with BofA and have received 2 letters to date with a W-8BEN to fill in. I filled in the first one with details of my past home in the UK but I arrived in the US in August on a K1, got married and have applied for AOS. So I'm in limbo. The W-8 isn't entirely relevant as I have relocated to the US. But I'm not a LPR yet so surely I can't apply for a W9 and a W7 seems to be a possible option, but I'm not entirely sure.

Can someone who has had the same experience and has come out on the other side, let me know what they did and how I should proceed?

Thanks so much,

Angi

[tsabbas 47]

Hi, I haven't had the same experience but I filed for an ITIN for my husband when I filed our joint tax return. Here is the information on how to apply along with a link to the form. I guess you just send in the application and see what happens?? Or you can find an IRS tax office near you and try to apply there.

https://www.irs.gov/taxtopics/tc857.html

[Nich-Nick 3,354]

Hi all,

I'm a little confused on what to do with regards to an ITIN. I opened my bank account last month with BofA and have received 2 letters to date with a W-8BEN to fill in. I filled in the first one with details of my past home in the UK but I arrived in the US in August on a K1, got married and have applied for AOS. So I'm in limbo. The W-8 isn't entirely relevant as I have relocated to the US. But I'm not a LPR yet so surely I can't apply for a W9 and a W7 seems to be a possible option, but I'm not entirely sure.

Can someone who has had the same experience and has come out on the other side, let me know what they did and how I should proceed?

Thanks so much,

Angi

W-7 is to apply for an ITIN. You don't need that because you have a Social Security number. If not, go apply in person next week for your SSN.

The bank has to hold back tax money from interest paid to foreign nationals. Meaning if a foreigner earns $1 in interest on his small bank account, the bank has to hold back something like $0.30 to pay the IRS. So bank gets the W-8BEN filled out. If you aren't a foreigner, then the whole dollar goes into your account because you will be filing your tax return and paying your appropriate tax rate on the interest you earn.

You can do W-9 in which you certify that you are not subject to backup withholding (keeping your $0.30) and certify that your SSN provided is correct so they can report the $1 you earned to the IRS as taxable income. This is not an immigration status, but a taxpayer status. You are a "U.S. person" or "resident alien" for tax filing purposes because you can file jointly with you US spouse this year.

The bank is forced to collect a W-8BEN or W-9 from you, and they don't really know what to do with you either. So go try to explain this to them and sign off that you are not subject to backup withholding because you are a U.S. PERSON under IRS rules and will be filing taxes. with your US citizen spouse. The banker just needs to have a form, so give him w-9 and he's off the hook.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Tax & Finances During US Immigration Forum~

~Thread morphed into tax and finance discussion~

[swji89 41]

IGNORE - mod, can you delete? I posted in the wrong thread.


Been on the phone with the bank regarding these forms but meant to post in another thread regarding a similar matter! Head's spinning after trying to get my head around this tax stuff!

Edited November 18, 2015 by swji89

[NickandAngi 8]

Thanks everyone for replying. It all makes sense now