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    jimishjoban's Avatar
    jimishjoban Posts: 3, Reputation: 1
    New Member
    		  
    #1

    May 13, 2011, 09:13 AM
    W8BEN - Help needed to file the form correctly - Indian Contractor
    Hello,

    I was looking for some help to file W8BEN. I have been working in US since last 3 years. Recently I returned to India and work for the same company as an independent contractor on an hourly basis from Indian soil.


    I believe, I need to file W8BEN since I am exempt from paying taxes in US. I will be paying them in India.

    I need help with Part II and Part III. Do I need to provide my SSN? And what treaty should I mention?

    Or should I just tick Part III? Any help would be greatly appreciated...

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 16, 2011, 09:38 AM
    You do NOT file the Form w-8BEN; you provide a signed copy of the Form w-8BEN to the company with whom you have a business relationship. The w-8BEN gives them the written assurance that you are NOT subject to U.S. income taxes and, as a result, they are NOT obligated to either withhold taxes or originate a Form 1099-MISC to account for the funds transferred to you.

    Once they have the Form w-8BEN on file, it is good for THREE years.

    Since you are in India, you use the U.S.-India Tax Treaty.

    You are NOT obligated to give them your SSN, so, if I were you, I would NOT provide it on the form.

    Read the instructions for the form thoroughly; most of your answers are there.

    If you need professional help with the form, I can provide that for a small fee. Email me at [email protected] or [email protected].
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