I am an International Student with a F1 visa, doing my OPT.
I've been living in the U.S for 3 years.

I've been doing some freelance work for a radio station as a part of my OPT, and now they ask me to fill out a W-9 tax form. However the document says I should not use this form if I am a Foreign person, which I am.

Should I fill out a W-8ben form instead? A W4? I am so confused, and the International Student office of my university can't help me (they say they don't offer tax advice for students). I ask the responsible of the payroll department in the radio station and she told me she thinks I can fill out the W9 "since I have an American Bank account and a SSN" which doesn't sound a very convincing argument to me, and I don't want to compromise my status by sending the wrong document.

I really appreciate your help,

Thanks a lot:

Ruth.

As a non-resident alien you would fill out form W8-BEN instead of W9.
Once you become a resident alien (after 5 years in the US on F1), the W9 would apply to you as well.

Form W4 is for withholdings, but since you are freelancing (self-employed), that would not apply here. Make sure you pay quarterly estimated taxes as a self-employed individual.

Thank you very much for your rapid response, this website is wonderful.

I just have one more question. When filling the W-8BEN, should I write my address back in Spain as a Permanent Address or should I list my U.S. address instead, since I've been living here for 3 years?

I do pay taxes in Spain but only for freelance jobs for Spanish companies, and I also filled taxes the last two years in the U.S as a student working on-campus.

I really appreciate your help and advice.

Best,

Ruth.

List your U.S. Address.