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    punkstarrlet's Avatar
    punkstarrlet Posts: 3, Reputation: 1
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    #1

    Nov 25, 2008, 12:53 PM
    W-8BEN and status
    Hi there,

    2002-2004 F1 visa (and part of the year working on OPT)
    2004-2007 H1B (left States in 7/07)

    When I first opened my US bank account as a student I filled in a W-8BEN. My bank never sent another one until this month bizzarely... by which time I've already returned back home to the UK. So, I'm a bit confused by what to do. I kept my US bank acct open to pay bills.

    Shall I sign and return since I'm now no longer in the US and am once again a "non-resident alien"? Yes, right?

    What's adding to my confusion is this little part at the bottom which says "Affidavit of Unchanged Status from 1/1/2005 to the present". I can't sign it clearly since I didn't maintain non-resident status since 2005 (I was on my H1-B visa by then)... Should I leave that blank and/or fill in a W-9 for the years that I was working instead? Write something on the back of the form telling them that I was working?

    Many thanks for ANY help with this! :confused:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Nov 25, 2008, 03:26 PM
    Yes, sign and return the W-8BEN because you are currently in a non-resident alien status. While it is clear that your status DID change in 2004, that is "water under the bridge". You can cross out the affadavit portion of the W-8BEN and explain on the back that you were a resident alien in 2005 and 2006.

    For 2007, you should have filed as a dual-status alien.
    punkstarrlet's Avatar
    punkstarrlet Posts: 3, Reputation: 1
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    #3

    Nov 26, 2008, 12:58 AM

    That's great - I'll sign and write on the back updating my details.

    Thanks so much for your quick reply.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Nov 26, 2008, 07:51 AM
    Glad to help!
    punkstarrlet's Avatar
    punkstarrlet Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Nov 26, 2008, 09:57 AM

    To ask 1 more silly question - I'm not claiming any tax treaty benefits, so I can leave Part II (lines 9 and 10) blank, right?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Nov 26, 2008, 01:19 PM
    Yes, you can leave Part Ii blank.
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