I have trading account Fidelity Inc, in 2008 I did some trading in stocks and they withheld 28% tax for not filling my latest W8-BEN since I am a Pakistani national and never been to USA. I couldn't file my W8-BEN all 2008 now they are asking me to get that tax refund directly from IRS. Bow I have filled my W8-BEn and they have acknowledged my non resident citizenship status.

My questions are.
What form I need to file for refund
Whom I should file with
How long does it takes to get refund processed
How IRF will make refund (cheque or Account transfer)

Help.

You need to file Form 1040NR. See the instructions to the form as to where to file. The timing of refunds varies, but is likely no more than 6-8 weeks. They will send a check, but you can have the money directly deposited into a checking account (this is usually a faster refund).

You need to file Form 1040NR. See the instructions to the form as to where to file. The timing of refunds varies, but is likely no more than 6-8 weeks. They will send a check, but you can have the money directly deposited into a checking account (this is usually a faster refund).

Thanks for valuable reply, can you confirm one more thing? Do I need to get Tax Number for filing 1040NR?

Yes. You should include Form W-7 and the required attachments. The W-7 and the 1040NR will be sent to the address shown for the W-7. See the instructions to W-7.