[Aristo]

I'm an citizen of India/single. I came to US on F1 visa on jul 06. I completed my course by aug 08. Started my OPT on Oct 08 and started my H1 visa on Oct 09. Now I got a mail from my bank asking to fill out W-8BEN form if I'm a NRA or W-9 if I'm a RA. Which one should I be filling?

The substantial presence test says if you are in US for 181 days, you are considered RA. But it says you can exclude days in which you are in F1 visa. Also please note that I was using 1040A for filing taxes in the past.

1. So for my case should I submit W-8BEN or W-9 to my financial institution?

2. Also am I a RA now or an NRA?

Please help.

[MukatA]

For 2006, 2007 and 2008 you were required to file nonresident tax return and your income was not subject to FICA taxes. Also bank interest was not taxable.

Since you have been filing 1040A, you filed as resident.

During H1-B, you are not exempt from residency so bank interest is taxable income. You will file W-9.

[Aristo]

Thank you so much for the quick response. This website is great!

[AtlantaTaxExpert]

For 2006 through 2009, you were a non-resident alien (NRA).

For 2010 and beyond, you will be a resident alien (RA) until you return to India.

If you filed Form 1040A for 2006 through 2008, you filed incorrectly and should amend those returns to correct the record. Since you get to claim the standard deduction as your treaty exemption due to your Indian citizenship, there should NO increase in taxes when you amend the returns.

For the bank, submit Form W-9, as you will be a RA starting tomorrow.

[Aristo]

Thank you for the information!

[AtlantaTaxExpert]

Glad to help!