Should I file W-8BEN form if I am an L2 visa holder and work?

Houston Tax Attorney


I have been in the U.S. for the last two years on L2 visa and started working half a year ago. I have recently opened a savings account at a bank and received W-8BEN form from them shortly afterwards with a request to confirm my non-resident alien status. I must be a non-resident alien for INS but what about IRS? I have SSN and pay taxes in the U.S. which probably makes me a resident alien for tax purposes. Should I decline to file W-8BEN? If yes, what kind of information should I provide to the bank?

You do not need to fill out a W-8BEN since you are a US resident for tax purposes also. You need to fill out a W-9.

 -Law Office of Kunal Patel, LLC

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