Difference between W-8BEN and W9 forms for H1B visa holder - which one to submit to my bank?

You should definitely fill out the W-8BEN form. This is the correct form for non-US residents/non-citizens. The W-9 is specifically for US citizens and resident aliens (green card holders or those who pass the substantial presence test). The W-8BEN certifies that you're a foreign person not subject to certain US tax withholding. Your bank needs this on file to properly report your account to the IRS. Even though your employer is already withholding taxes from your salary, the bank needs this documentation separately for their own reporting requirements. As an H1B visa holder, you're generally considered a non-resident alien for tax purposes in your first year, unless you meet the substantial presence test. The bank is just doing their due diligence to ensure they have the proper documentation for your account.

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Just wanted to follow up about taxr.ai that someone mentioned earlier. I was super skeptical at first about sharing any tax info, but I was desperate with my W-8BEN form so I gave it a try. Honestly, I'm glad I did. The site actually doesn't store your documents, and they explain exactly what information they need and why. I used it to figure out my tax residency status based on my entry dates to the US and my visa type. It confirmed I needed the W-8BEN and walked me through every box on the form. The specific guidance on the tax treaty section was incredibly helpful - turns out I was eligible for certain benefits from my country's tax treaty that I had no idea about. Definitely saved me from leaving money on the table.

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Just to add another perspective - I'm also on H1B and had to fill these forms when I opened my bank account. The key difference is: W-8BEN: For non-US citizens/residents who DON'T live in the US most of the time W-9: For US citizens, permanent residents, or non-citizens who DO pass the substantial presence test Since you're already working here on H1B and have been for some time (sounds like), you might actually need the W-9, not W-8BEN. It depends on how long you've been physically present in the US. Check if you pass the substantial presence test: count all days in current year + 1/3 of days in previous year + 1/6 of days from year before that. If it's 183+ days, you're a resident alien for tax purposes and need the W-9.

Does anyone know if filling the wrong form will cause issues with the IRS? I think I may have accidentally filled out a W-9 instead of W-8BEN when I first arrived. Been on H1B for about 7 months now.

I went through this exact same situation when I first arrived on my H1B! The confusion is totally understandable because both forms deal with tax documentation, but they serve different purposes. As others have mentioned, the key is determining your tax residency status. Since you mentioned you "recently moved" to the US, you're most likely still considered a non-resident alien for tax purposes, which means you should fill out the W-8BEN form. The bank needs this form regardless of what your employer is doing with payroll taxes - these are separate requirements. Your employer withholds income tax from your salary, but the bank needs the W-8BEN to properly report any interest income from your accounts to the IRS and to determine if they need to withhold any taxes on that interest. One thing to keep in mind: if you stay in the US long enough to pass the substantial presence test (usually by your second year), your tax status will change to resident alien, and you'll need to update your bank documentation to a W-9 at that point. For now, go with the W-8BEN, but make sure you understand which country's tax treaty benefits (if any) you might be eligible for when filling out that section of the form.

I went through this exact same confusion when I first arrived on my H1B visa! The good news is that you're asking the right questions before submitting anything. Based on what you've shared - that you "recently moved" to the US on an H1B - you should almost certainly fill out the **W-8BEN form**. Here's why: The W-8BEN is for non-resident aliens (which you likely are in your first year), while the W-9 is for US citizens and resident aliens. Your tax residency status is determined by the "substantial presence test," not just your visa type. A few important points: - This bank requirement is completely separate from your employer's payroll tax withholding - The bank needs this form to properly report any interest income from your accounts to the IRS - Even though your employer is handling income tax, the bank has its own reporting obligations **Pro tip:** When filling out the W-8BEN, don't forget to check if your home country has a tax treaty with the US that could reduce withholding on interest income. Many countries do, and you don't want to leave money on the table! Also, keep track of your days in the US because you'll likely need to switch to a W-9 form once you become a resident alien for tax purposes (usually in your second year). The bank won't remind you of this - it's your responsibility to update them. Hope this helps clear things up! The tax system here can be overwhelming at first, but you're being smart by asking questions before acting.