Hi,
I just move to the US in Dec 2016 (around Christmas). My financial institutions requested me to fill either W8 BEN or W9 form. They cannot advise which form I should fill. I have 1 bank account and 1 investing account with 2 different institutions and different situations. Here are my situations.
1. I open a bank account in Dec after I move here. It's a joint account with my wife. At that time we did not have SSN and driver license. A few weeks after account opening, we got a letter from the bank to submit the form W8 BEN. We did not submit it yet as we were still quite confused. Then a few weeks later, just a few days ago, we got another letter from the bank to submit the form W9 so we went to the bank to discuss with our financial advisor about which one is the correct form. Our advisor seemed not quite sure about tax issue and after checked in the system, suggested that I should fill the W8 BEN form and my wife should fill W9 form as she already has a driver license so she is considered a resident alien (I still do not have one). I also pointed out that from what I found on the internet and also printed on the W8 BEN form that I have, we should be in the US 183 days for the past 3 years which we did not so we both should not be a resident alien but she insisted that my wife has a driver license so it overrides this rule. Is this true?? Which form shoud I use and which form should my wife use?
2. For my investing account, I opened it about 2 years ago for my ESPP. Although I did not live in the US 2 years ago but I work for a US based-company so they give employees their US stocks. When I moved to the US, my company updated my US address with them so they know that I am now in the US. Last year, they let me fill the form W8 BEN online. But for this year, when I logged in to my online account they requested me to fill the form W9 online but they stated that if I think this is not the right form, I can submit W8 BEN form but I cannot do it online, I need to mail the paper form. Here comes the confusion. On their W8 BEN form I have to certify that I am a resident of another country that is not the US and they did not state the 183 days rule so I am not sure which country should I put here as actually I am now a US resident (I live here, work here) although not a resident alien for tax purpose according to the 183 days rule. Or should I put the country that I am a citizen although I did not live there for about two years as I moved to work in another country two years ago then moved to the US? I tried to contact the financial advisor but they do not provide thai kind of advice. So please help!!
I just move to the US in Dec 2016 (around Christmas). My financial institutions requested me to fill either W8 BEN or W9 form. They cannot advise which form I should fill. I have 1 bank account and 1 investing account with 2 different institutions and different situations. Here are my situations.
1. I open a bank account in Dec after I move here. It's a joint account with my wife. At that time we did not have SSN and driver license. A few weeks after account opening, we got a letter from the bank to submit the form W8 BEN. We did not submit it yet as we were still quite confused. Then a few weeks later, just a few days ago, we got another letter from the bank to submit the form W9 so we went to the bank to discuss with our financial advisor about which one is the correct form. Our advisor seemed not quite sure about tax issue and after checked in the system, suggested that I should fill the W8 BEN form and my wife should fill W9 form as she already has a driver license so she is considered a resident alien (I still do not have one). I also pointed out that from what I found on the internet and also printed on the W8 BEN form that I have, we should be in the US 183 days for the past 3 years which we did not so we both should not be a resident alien but she insisted that my wife has a driver license so it overrides this rule. Is this true?? Which form shoud I use and which form should my wife use?
2. For my investing account, I opened it about 2 years ago for my ESPP. Although I did not live in the US 2 years ago but I work for a US based-company so they give employees their US stocks. When I moved to the US, my company updated my US address with them so they know that I am now in the US. Last year, they let me fill the form W8 BEN online. But for this year, when I logged in to my online account they requested me to fill the form W9 online but they stated that if I think this is not the right form, I can submit W8 BEN form but I cannot do it online, I need to mail the paper form. Here comes the confusion. On their W8 BEN form I have to certify that I am a resident of another country that is not the US and they did not state the 183 days rule so I am not sure which country should I put here as actually I am now a US resident (I live here, work here) although not a resident alien for tax purpose according to the 183 days rule. Or should I put the country that I am a citizen although I did not live there for about two years as I moved to work in another country two years ago then moved to the US? I tried to contact the financial advisor but they do not provide thai kind of advice. So please help!!
