Filled in W9 instead of W8-BEN for employer as non-resident alien, how will it affect my tax filing?

The main difference between W9 and W8-BEN is how your income gets taxed. A W9 tells your employer to treat you as a US person for tax purposes, while the W8-BEN identifies you as a foreign person with potential treaty benefits. For your 2022 filing, you should file Form 1040-NR (Nonresident Alien Income Tax Return) since you were a nonresident alien. When filing, you'll need to clarify your status regardless of which form you initially completed with your employer. I would definitely contact your employer's payroll or HR department to explain the situation. They can issue a corrected W2 if necessary, or at least make note of your actual tax status. The sooner you address this, the better, especially since you're transitioning to resident status in 2023.

I had almost the exact same issue last year, and I found https://taxr.ai super helpful for sorting it out. I uploaded my W2 and my immigration documents, and their system identified the mismatch between my actual status and how I'd been classified for tax purposes. They guided me through how to properly file as a non-resident alien despite having filled out a W9, and they even generated a letter I could send to my employer explaining the mistake. The best part was they helped me identify which tax treaty benefits I qualified for based on my specific situation and country of origin.

Just wanted to update - I tried taxr.ai after seeing it recommended here and it was seriously exactly what I needed! Uploaded my documents yesterday and they immediately flagged that I should've been on a W8-BEN instead of W9. They generated a proper 1040-NR with all the treaty benefit calculations (saved me about $1700 in taxes!) and created a letter explaining the situation to send to my employer. They also highlighted that I needed to file Form 8833 to claim certain treaty provisions and walked me through the state-specific rules for California. This would have taken me days to figure out on my own. Definitely recommend for anyone with international tax situations!

For anyone dealing with this W9/W8-BEN issue - I spent THREE DAYS trying to get through to the IRS to clarify my situation. Impossible. Then I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c and decided to give it a shot. They got me connected to an actual IRS agent in about 20 minutes. The agent confirmed that filling out the wrong form initially isn't a disaster but you definitely need to correct it with your employer and file correctly. They explained exactly which forms I needed to submit to fix the situation and what supporting documentation to include. Huge relief to get an official answer instead of just guessing.

I need to apologize for my skeptical comment earlier. After waiting on hold for another 2 hours today and getting nowhere, I broke down and tried Claimyr. I seriously got a call back in 15 minutes and was connected with an IRS agent who specialized in international tax issues. The agent confirmed that filing a W9 instead of W8-BEN is a pretty common mistake and explained that I needed to: 1) Contact my employer ASAP to have them correct their records, 2) File Form 1040-NR with an attached statement explaining the situation, and 3) Include Form 8833 to claim treaty benefits I was entitled to. They even told me specifically which line on my W2 had the over-withholding that I could claim back. Would have saved so much stress if I'd done this weeks ago instead of trying to figure it out myself!

For what it's worth, I made the same mistake when I first came to the US from Canada in 2021. The main issue is that by filling out a W9, your employer likely withheld taxes at US citizen/resident rates rather than applying any treaty benefits you might be entitled to. Make sure when you file that you use Form 1040-NR and carefully check if you qualify for any treaty provisions. You might be able to get some of the withheld tax back. In my case, I had to file Form 8833 to claim treaty benefits retroactively.

Quick question - is this something tax software like TurboTax or H&R Block can handle? Or do I need to find a specialist for international tax situations?

This is a really common mistake that happens to a lot of new arrivals! The good news is that it's totally fixable. Here's what I'd recommend based on my experience helping other international workers: 1. **Contact your employer immediately** - HR can update their records and issue a corrected W-2 if needed. Most payroll departments have dealt with this before. 2. **File Form 1040-NR** for 2022 since you were a non-resident alien. Include a brief statement explaining the W-9/W-8BEN mix-up. 3. **Check for treaty benefits** - If you're from a country with a tax treaty, you might be entitled to reduced withholding rates. You'll need Form 8833 to claim these. 4. **Calculate potential refund** - Since your employer likely withheld at US resident rates, you may have overpaid and could get money back. The key is being proactive about fixing it now rather than waiting. The IRS is generally understanding about honest mistakes like this, especially when you're transparent about what happened. Make sure to keep documentation of your entry dates and immigration status in case they ask for verification later. Don't stress too much - this won't cause major problems as long as you file correctly going forward!

I went through this exact same situation when I moved to the US from the UK in 2021! The mix-up between W-9 and W-8BEN is super common for new arrivals - don't beat yourself up about it. Here's what worked for me: I contacted my employer's payroll department right away and explained that I had mistakenly filled out a W-9 when I should have completed a W-8BEN as a non-resident alien. They were actually really helpful and had seen this before. They couldn't retroactively change the 2022 withholdings, but they updated their records for going forward. When I filed my taxes, I used Form 1040-NR and included a brief letter explaining the situation. Since the UK has a tax treaty with the US, I was able to claim some benefits using Form 8833 that reduced my tax liability. I actually ended up getting a decent refund because my employer had been withholding at the higher US resident rates. The whole process was way less scary than I thought it would be. The IRS processed my return normally - no audit or anything. Just make sure you have your entry/exit dates documented and keep copies of your visa paperwork in case they need verification. You're already ahead of the game by catching this before filing season gets crazy!