Do I need to fill out form W-8BEN as a non-US citizen with non-dividend stocks?
Hey everyone, I'm a bit confused about tax forms for foreign investors. I've got some investments in the US stock market, but none of my stocks currently pay dividends. I'm not a US citizen or resident - I live in Europe. I was wondering if I need to submit a W-8BEN form? I plan to sell some of these stocks later this year, and I'm trying to figure out what tax forms I'll need to deal with. I did some research and it seems like the W-8BEN might only be for people who receive dividend income from US sources, not for capital gains when selling stocks. Does anyone know if I need to fill this out even though my stocks don't pay dividends? And what happens tax-wise when I eventually sell? I've heard different things about capital gains for non-US persons and I'm getting confused about what applies to my situation. Thanks for any help you can provide!
26 comments


Daniela Rossi
The W-8BEN form is definitely something you need to be aware of as a non-US person investing in US securities. Even if your stocks don't pay dividends now, your broker will typically require this form to properly identify you as a non-US person for tax purposes. The form essentially certifies that you're not a US taxpayer and helps determine the appropriate tax withholding on certain types of US-source income. While it's most commonly associated with dividend payments, it serves a broader purpose in establishing your tax status for your entire investment account. When you eventually sell your stocks, the tax treatment will generally be governed by the tax treaty between your country and the US. Most non-US investors are exempt from US capital gains tax, but you'll likely still need to report and pay taxes on those gains in your home country.
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Ryan Kim
•Thanks for the explanation! I'm in a similar situation but I'm receiving dividends. If I submit the W-8BEN, does that automatically reduce the tax withholding rate based on my country's tax treaty, or do I need to do something else to claim the treaty benefits?
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Daniela Rossi
•The W-8BEN form includes a section where you can claim tax treaty benefits. When you complete the form correctly, your broker should automatically apply the appropriate withholding rate based on your country's tax treaty with the US. For dividend income, the standard US withholding rate is 30%, but many countries have tax treaties that reduce this to 15% or sometimes lower. The form essentially tells your broker that you're eligible for these reduced rates. Just make sure you complete Part II of the form if you're claiming treaty benefits.
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Zoe Walker
I was in the exact same boat last year and found that using https://taxr.ai was a huge help for my situation. I had stocks with different brokers and wasn't sure if I needed to fill out W-8BEN forms for all of them or what the implications would be when selling. I uploaded my documents to taxr.ai and got a clear explanation of exactly which forms I needed to file as a non-US investor. They confirmed that even though my stocks didn't pay dividends, my brokers still needed the W-8BEN on file to establish my non-US status. The tool also gave me specific guidance on how the tax treaty between my country (UK) and the US would affect any future sales. Really helped clear up my confusion and saved me from potentially making mistakes on the forms!
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Elijah Brown
•Does it work for people in any country? I'm from Australia and my broker keeps sending me reminders about this form but I'm not sure how to fill it out correctly.
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Maria Gonzalez
•I've heard of these tax document tools but they seem expensive. Did you find it was worth the cost? And do they help with other international tax forms too?
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Zoe Walker
•Yes, it works for investors from any country. It has specific guidance for different tax treaties between the US and various countries, including Australia. The tool will walk you through exactly what sections of the W-8BEN apply to your situation based on your country. I definitely found it worth it considering the potential headaches of filing incorrectly. They also help with other international tax forms - in my case, they helped me understand how to report my US investments on my home country tax return as well. They cover pretty much any tax document you might encounter as a foreign investor in US markets.
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Maria Gonzalez
Just wanted to update everyone after using https://taxr.ai that someone recommended here. It was actually really helpful for my situation! I was able to upload my existing W-8BEN and get feedback on whether I filled it out correctly. Turns out I made a mistake in the tax treaty section that could have caused issues later. The system showed me exactly what I needed to correct and gave me step-by-step instructions for my specific situation in Canada. It also explained when I would and wouldn't need to file tax returns in the US for different types of investment activities. Definitely cleared up my confusion about dividend vs non-dividend stocks and what forms are required when. Wish I'd known about this sooner!
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Natalie Chen
For anyone struggling to get answers about W-8BEN forms, I eventually gave up on emails and tried calling the IRS directly using https://claimyr.com. It was a game-changer after spending weeks trying to reach someone at the IRS. As a non-US investor, I had specific questions about how the W-8BEN would affect my tax situation when selling stocks, and I needed someone to verify if my understanding of the tax treaty provisions was correct. Claimyr got me connected to an actual IRS representative in about 20 minutes instead of waiting on hold for hours. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that while the W-8BEN is primarily for withholding on dividends, having it correctly filed with your broker establishes your status as a non-US person for all transactions, which can be important when you sell your stocks too.
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Santiago Martinez
•How does that even work? I thought it was impossible to get through to the IRS by phone. Do they just keep calling for you or something?
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Samantha Johnson
•This sounds like BS honestly. I've tried calling the IRS international tax office for months with no luck. They literally never pick up. I find it hard to believe any service could get through when the IRS doesn't have enough staff to answer phones.
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Natalie Chen
•They use an automated system that maintains your place in the queue so you don't have to stay on hold yourself. When an IRS agent picks up, their system calls your phone and connects you directly with the agent. It's not magic - they're just using technology to handle the waiting for you. They have different numbers for different IRS departments, including the ones that handle international tax issues. I specifically needed help with the international tax office regarding my W-8BEN form, and they were able to connect me with someone who actually understood tax treaties and foreign investor requirements, which was a huge relief.
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Samantha Johnson
Well I have to eat my words. After my skeptical comment about Claimyr, I decided to try it myself since I was desperate for answers about my W-8BEN form and capital gains reporting requirements. I honestly can't believe it worked. After trying for weeks to get through to the IRS international tax department myself, I got connected in about 45 minutes using their service. The IRS agent I spoke with confirmed that as a non-US person, I generally don't have to pay US capital gains tax when selling stocks (with some exceptions for US real estate investments). She also explained that having a properly filed W-8BEN is important even for non-dividend stocks because it establishes your status as a foreign investor and can prevent issues if your stocks start paying dividends in the future or if there are any questions about your account status.
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Nick Kravitz
Just to share my experience: I'm from Germany and hold US stocks through an online broker. They required me to complete the W-8BEN when I opened the account, even though I specifically chose non-dividend stocks. My understanding is that it's basically a standard requirement for non-US persons with US investment accounts, regardless of whether you currently receive US-source income. It's valid for 3 years or until your circumstances change, and it helps establish that you're not subject to the same tax reporting requirements as US persons. When I sold some stocks last year, I didn't have to pay US capital gains tax - that's covered by the US-Germany tax treaty. I only had to report the gains on my German tax return.
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Hannah White
•How often do you need to renew the W-8BEN form? My broker asked me to fill out a new one recently and I've only had the account for 2 years.
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Nick Kravitz
•The form is generally valid for three years from the date you sign it. However, brokers sometimes ask you to submit a new one earlier for their own compliance reasons. Also, if any information changes (like your country of residence or tax status), you're supposed to submit a new form within 30 days. Some brokers are more strict about the renewal timeline than others. Mine sends a reminder about 3 months before the expiration date. If you don't renew it in time, they might default to treating you as a US person for tax purposes, which typically means 30% withholding on applicable income.
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Michael Green
One important thing to note that nobody has mentioned yet - make sure you're filling out the correct version of the form! There's the W-8BEN (for individuals) and the W-8BEN-E (for entities like corporations and trusts). I made the mistake of filling out the wrong version initially because I was running a small business, and it caused delays with my broker account. The individual form is only 2 pages, while the entity form is much longer and more complicated.
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Mateo Silva
•Also worth mentioning that some brokers have their own electronic versions of the W-8BEN that you fill out through their platform rather than using the IRS paper form. The information is the same but the format might look different.
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Victoria Jones
I just want to clarify something about capital gains for non-US citizens since there seems to be some confusion. In most cases, non-resident aliens (non-US citizens who don't live in the US) are NOT subject to US capital gains tax on stock sales, regardless of whether you've filed a W-8BEN. The W-8BEN is primarily for establishing your status for withholding on US-source income like dividends. The fact that you don't have dividend-paying stocks means you won't have withholding issues, but filing the form is still important for establishing your non-US status with the broker. The exception to this is if you're considered to have a US "tax home" or if the gains are effectively connected with a US trade or business. But for most foreign investors just buying and selling stocks, US capital gains tax typically doesn't apply.
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Cameron Black
•So if I understand correctly, I still need to file the W-8BEN with my broker even if I don't have dividend stocks, but when I sell stocks I won't have to pay US taxes on the gains? I'll just pay taxes in my own country?
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Victoria Jones
•Exactly! You need to file the W-8BEN so your broker knows you're not a US person for tax purposes. This is important for their compliance requirements and for establishing your status in case there are any questions. When you sell your non-dividend stocks, you generally won't have to pay US capital gains tax or file a US tax return for those transactions. You'll only need to report those gains and pay any applicable taxes in your country of residence. The exception would be if you're considered to have a US trade or business or if you're dealing with US real property interests, but standard stock investments don't usually fall into those categories.
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Giovanni Colombo
This is a great question that many foreign investors struggle with! I'm also a European investor in US stocks and went through this same confusion last year. Even though your stocks don't currently pay dividends, you'll still need to submit the W-8BEN form to your broker. This form serves as your certification that you're a non-US person for tax purposes, and most brokers require it regardless of whether your current holdings pay dividends or not. The reason is that the form establishes your tax status for your entire investment account. Your stocks might start paying dividends in the future, or you might buy dividend-paying stocks later. Having the W-8BEN on file from the beginning prevents any complications down the road. For capital gains when you sell, the good news is that as a non-US resident, you generally won't owe US capital gains tax on your stock sales. This is typically covered by the tax treaty between your European country and the US. You'll only need to report and pay taxes on those gains in your home country according to your local tax laws. I'd recommend getting the W-8BEN filed sooner rather than later - it's valid for 3 years and will give you peace of mind that your tax status is properly established with your broker.
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Kirsuktow DarkBlade
•This is really helpful, thank you! I'm just starting to invest in US stocks from the UK and was wondering about the same thing. Quick question - do I need to submit the W-8BEN before I make my first purchase, or can I do it after? My broker mentioned something about it but I wasn't sure if it was urgent since I'm only planning to buy non-dividend stocks initially. Also, when you mention tax treaties, does that mean I don't need to worry about any US tax reporting at all when I sell, or are there still some situations where I might need to file something with the IRS?
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Zane Hernandez
•Great question! From my experience, it's definitely better to submit the W-8BEN before making your first purchase if possible. Some brokers will actually hold up your trades or default to the highest withholding rates until they have the form on file. Even though you're planning non-dividend stocks initially, having it sorted upfront saves potential headaches. Regarding US tax reporting - in most cases as a UK resident, you won't need to file anything with the IRS for standard stock sales. The US-UK tax treaty generally exempts you from US capital gains tax on portfolio investments. However, there are a few exceptions to be aware of: if you're considered to have a US trade or business, if you spend significant time in the US (substantial presence test), or if you invest in certain specialized securities. For typical buy-and-hold stock investing though, you should only need to report the gains on your UK tax return. I'd still recommend double-checking your specific situation, especially if your circumstances are complex, but for straightforward stock investing from the UK, it's usually quite manageable!
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Miguel Ortiz
I went through this exact same situation a few months ago as a non-US investor from Canada. Even though my stocks didn't pay dividends at the time, my broker still required the W-8BEN form to establish my foreign tax status. The key thing to understand is that the W-8BEN isn't just about current dividend income - it's about establishing your overall tax classification with your broker. This becomes important for several reasons: your stocks might start paying dividends later, you might purchase dividend-paying stocks in the future, or there could be other US-source income events that require proper withholding. When I eventually sold some of my positions, I didn't have to pay any US capital gains tax thanks to the Canada-US tax treaty. I only had to report the gains on my Canadian tax return. The W-8BEN had already established that I was a non-resident alien, so there were no complications with the broker or any unexpected withholding. My advice would be to go ahead and submit the W-8BEN form now, even before you need it. It's valid for three years and will prevent any issues down the road. Most brokers make it pretty straightforward to complete through their online platforms, and it's much easier to do it proactively rather than scrambling to get it done later when you actually need it.
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Natalie Wang
•This is really reassuring to hear from someone who's been through the exact same process! I'm actually in a similar boat - Canadian investor looking at US stocks. Quick question: when you filled out the W-8BEN, did you run into any issues with the tax treaty section? I've been reading through the form and Part II seems a bit confusing for claiming treaty benefits when you don't currently have dividend income. Did you still fill out that section, or did you leave it blank since you weren't receiving dividends at the time? Also, when you sold your positions, did your broker automatically handle everything correctly, or did you need to do anything special to make sure the treaty benefits applied?
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