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| Glossary - Non Resident Taxation - Substantial Presence Test, Dual Status Alien etc explained NR Tax Terms explained. Substantial Presence Test, Green Card Test, Non Resident Alien or Resident Alien or Dual Status Alien for Tax Purposes, Closer Connection Test. H1B Tax, F1 OPT Visa Taxes,J1 J2 Taxes, L1 L2 Visa Tax, Tax Form 1040NR-EZ, Form 8843, Form 843, H4 Tax ID Form W-7,IRS Pub 519 |
03-01-2009, 07:08 PM
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Help!!! W-8ben
Hi,
I need some urgent help about my tax situation. Last year I was resident outside the US (both green card/ and did some consultancy work for a US company for which I got paid into my foreign European account, for independent personal services taken place outside the US. This year I've became a US permanent resident, with SSN, due to my being married to a US citizen. Now the company is asking me to provide a W-8BEN to claim my full exemption from witholding, but I don't have an ITIN but just the recently assigned SSN... Do I have to fill out my W-8BEN with my EUROPEAN address ? Do I have to use my SSN since I don't have an ITIN? I think the company should have told me earlier (before starting our relationship) so I could have applied for an ITIN back then. Will the IRS think I am trying to avoid taxes since now I am a US permanent resident -but I wasn't last year!- and I get a contract from the same company I consulted for? Thank you all   
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03-03-2009, 06:27 PM
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CareMusic10:
If you are a Green Card Holder, you are legally obligated to file a tax return every year regardless of your physical location in the world, and pay taxes on ALL world-wide income. Now, it's possible, though the Foreign Income Exclusion, to reduce or even eliminate any income taxes due, but you still have to file a tax return EVERY YEAR! So the Form W-8BEN does not apply in your case. BTW, you must use your SSN; you are NOT eligible for an ITIN.
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04-03-2009, 07:24 PM
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Atlanta,
you are NOT liable to pay tax for the year you didn't have a GREEN CARD.. I became a green card holder in 2009, I must NOT file taxes for 2008!! So my question is. If I got any income from a US company, WORKING OUTSIDE THE USA as an independent contractor, and being a resident of a income tax treaty country (0% withholding I think), do I file or not W8-BEN? Or is W8-BEN only for work done IN THE USA by a non-resident alien?
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04-05-2009, 02:43 AM
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Form W-8BEN Non Resident Aliens - Foreign Earned Income Exclusion
Hello
Form W-8BEN applies to only Non Resident Aliens. What is Form W-8BEN? As a Greencard/Citizen you cannot get a Form W-8BEN. Apply for a SSN and declare worldwide european income (convert to $) and report US taxes. If you prove you have been outside US for a substantial time, you can avoid paying US taxes on your european income, based on 'Foreign Earned Income Exclusion' Hope it helps!
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