[rtaxes]

Hello All,

I am an Indian Citizen, arrived in US in August 2007 on an F-1 Visa, and was on OPT from January to October 2010. Since October 2010, I have been on an H1B visa(around 3 months of 2010 till present)

Recently, I received a request from my Bank to fill out a W8BEN form and return it at the earliest. I do have a SSN but, not an ITIN

But, going through the discussions here, I am confused which form to fill out, W8BEN or W9 with the change in my visa status as of 10/2010.

If W8BEN, what would be a valid reason for the field "Supply reason for US Mailing Address". How do I go about mentioning that I have a US mailing address because I work here.

Also, when it comes to Part II questions 9 a to 9e. Is 9a the "only" field needed to filled out with India as value for the blank? Do none of the of the other 9b to 9e apply in my case? As it was mentioned on other forums/discussions that India may have a tax treaty with US. What would be the value for Question 10?

Do I mark question 11 "Notional Principal Contracts" as checked? If so, what statements do I have to provide to support such claims.

It would be great if someone could reply to these questions as most of the information I went through over the past few hours is either contradictory or plain ambiguous to interpret accurately.

Thanks in advance.

[AtlantaTaxExpert]

Do NOT complete Form W-8BEN, because in 2011, you are a resident alien.

Instead, submit a Form W-9.

[rtaxes]

But, isn't it true that for being a Resident Alien I need to pass the Substantial Presence Test?
Which in my case does not exceed days of being on H1B? I mean from 1st October 2010 to 1st February 2011 is just 4 months - 120 days.
What makes me a Resident Alien if not the Substantial Presence Test? Are there other criteria while filing out W8 that makes me a Resident Alien? Could you elaborate on that?

Please advise as per your convenience. Genuinely thank you for your previous response.

[rtaxes]

But, isn't it true that for being a Resident Alien I need to pass the Substantial Presence Test?
Which in my case does not exceed 183 days of being on H1B? I mean from 1st October 2010 to 1st February 2011 is just 4 months - 120 days.
What makes me a Resident Alien if not the Substantial Presence Test? Are there other criteria while filing out W8 that makes me a Resident Alien? Could you elaborate on that?

Please advise as per your convenience. Genuinely thank you for your previous response.

-Apologize for posting comment as an answer.

[AtlantaTaxExpert]

The point is that you WILL become a resident alien on 1 June 2011, so submitting Form W-8BEN is essentially a waste of time because, on 1 June 2011, you would have to submit Form W-9 in any event.

By submitting it NOW, you save time and effort.

[rtaxes]

Thanks again for your prompt response.

One last question, should I be checking the box "Exempt Payee?
As the W9 instructions sheet mention "Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends."

Should I be leaving this box unchecked as I am no longer exempt from residency?

[AtlantaTaxExpert]

Yes, leave it unchecked.