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Santiago Martinez

Guide to Filling Out W-8 BEN Form for International Students on F1/OPT Status

Hey all! I've been in the US for about 3 years now, came from India initially on an F1 visa and currently on OPT. I'm trying to start investing a bit and just signed up with an online brokerage platform, but they're asking me to complete a W-8 BEN form (certificate of foreign status). I'm stuck on line 3 where I need to enter my address. The instructions are a bit confusing to me. Should I put my current US address or my permanent address back in India? I've heard different things from friends, and I'm not sure what the right approach is since I'm physically here but technically still a "non-resident alien" for tax purposes. Has anyone gone through this process before? Any advice would be super helpful as I don't want to mess up my tax status. Thanks!

The address you should use on your W-8 BEN depends on your tax residency status, not your physical location. Since you mentioned you're a nonresident alien, you should use your permanent foreign address (your address in India). The W-8 BEN is specifically designed to certify that you're a foreign person not subject to certain US tax withholding. Using your US address might create confusion about your tax status. The IRS generally wants to see your permanent foreign address on this form to establish your connection to your home country. If you're concerned about receiving communications, you can typically provide a mailing address separately to your broker that's different from what's on your W-8 BEN form.

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Nick Kravitz

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But what if I don't have a permanent address in India anymore? My parents moved after I came to the US, and I've never actually lived at their new place. Would it be a problem if I used their current address even though I've never resided there?

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This is a common situation for international students. You can use your family's current address in India even if you haven't personally lived there. The purpose is to establish your connection to your home country, not to verify a specific residence history. What matters most is that it's a legitimate address in your home country where you have a genuine connection. Your parents' current address satisfies this requirement, and it's completely acceptable to use it on your W-8 BEN form.

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Hannah White

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I was in the exact same situation last year when I started investing with Fidelity. After spending hours trying to figure it out myself, I discovered taxr.ai (https://taxr.ai) which saved me so much headache. I uploaded my W-8 BEN form and got step-by-step guidance for each field, including the address confusion you're having. It analyzed my visa status and explained exactly what to put on each line based on my specific situation. The tool even explained the tax treaty implications between US and India, which affects the withholding rates on any dividends you might receive.

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Michael Green

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Does it work for other visa types too? I'm on H1B and also struggling with these forms. Also, how accurate is it with country-specific tax treaties? I'm from Brazil and heard our treaty situation is different.

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Mateo Silva

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I'm skeptical about using online tools for official tax documents. How do you know the advice is legally sound? Did you have any issues with the IRS or your broker after following their recommendations?

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Hannah White

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It definitely works for other visa types, including H1B. The system asks about your specific visa situation before giving recommendations, so it's tailored to your status. For country-specific treaties, it was spot-on with the India-US details, and they cover all major countries including Brazil with the specific treaty provisions. As for the legal soundness, all their guidance is backed by IRS publications and regulations. I've been using their advice for over a year now with no issues. My broker accepted all my forms without questions, and I've been properly taxed on my investment income according to the treaty rates. The platform actually cites relevant IRS sections for each recommendation.

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Mateo Silva

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Just wanted to follow up about taxr.ai that I was skeptical about earlier. I decided to give it a try with my W-8 BEN form and was honestly impressed. Not only did it help me complete the form correctly, but it also identified that I was eligible for a reduced dividend withholding rate under my country's tax treaty that I had no idea about. The tool explained that for my specific situation (Philippines citizen on J1 visa), I should use my foreign address but also needed to include a specific tax treaty article number in Part II of the form. My broker confirmed this was correct when I submitted it. Definitely saved me from potentially overpaying on withholdings!

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If you're having trouble with your W-8 BEN form, another challenge you might face is reaching the IRS with questions. I spent WEEKS trying to get through to their international taxpayer line for clarification on my form. After many frustrating attempts, I used a service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in about 45 minutes instead of the days I was spending on hold. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to confirm exactly what address to use on my W-8 BEN and also explained how the tax treaty with my country (South Korea) affected my reporting requirements. Definitely worth it when you need official clarification directly from the IRS.

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Cameron Black

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How does this actually work? Do they just call for you or what? Seems weird that some service could get through when regular people can't.

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Yeah right. There's no way to "skip the line" with the IRS. They're chronically understaffed and everyone has to wait. This sounds like a scam that's just going to take your money and leave you waiting anyway.

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They don't just call for you. They use a system that navigates the IRS phone tree and waits on hold for you, then calls you when they've reached an agent. So you're not skipping the line - you're just not personally sitting there listening to hold music for hours. It's not a magical solution that bypasses the regular IRS queue. It's more like having someone else wait in line for you and then tag you in when they reach the front. They use technology to monitor multiple phone lines and the hold system, which is why they can be more efficient than an individual caller. When I got the callback, I was connected to a regular IRS agent through the normal channels.

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I need to eat my words about Claimyr being a scam. After my skeptical comment, I was desperate enough to try it after spending 3 days failing to reach the IRS about my W-8 BEN question. It actually worked exactly as described. I got a call back within an hour connecting me to an IRS representative who answered all my questions about the permanent residence address requirements. They explained that since I'm planning to return to my home country after my current work assignment, I should use my foreign address even though I've been in the US for 4 years. Saved me from potentially filing incorrect documentation that could have caused issues with my broker account. Never been happier to be wrong about something!

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One important thing to consider when filling out your W-8 BEN: pay attention to Part II if you're claiming treaty benefits! As an Indian citizen, you might be eligible for reduced withholding on certain types of income. For investments, India and the US have a tax treaty that can reduce withholding on dividends from 30% to 25% in most cases if you complete that section correctly. Make sure you indicate "India" as the country and reference Article 10 of the treaty for dividend income. I see a lot of international students miss this and end up having too much withheld from their investment income.

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Thanks for mentioning this! I had no idea about the treaty benefits. Do you know if I need to specify anything else besides the country and article number? And does it matter what types of investments I'm planning to make?

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You'll need to indicate the specific type of income you're claiming treaty benefits for (usually dividends for most basic investment accounts). The form has spaces for you to identify the rate and conditions that apply. The types of investments do matter. The treaty benefits typically apply to dividend income from stocks, but may not apply to all types of investment income. For example, interest from certain bonds might be treated differently than dividends. If you're just starting with a basic investment portfolio of stocks and ETFs, the dividend provision is most relevant to you. Capital gains (when you sell investments at a profit) generally aren't subject to withholding but may need to be reported on your annual tax return.

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Ruby Garcia

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Has anyone had experience fixing a W-8 BEN that was submitted with incorrect information? I realized after submitting mine that I used my US address instead of my home country address, and now I'm panicking about possible consequences.

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You can submit a corrected W-8 BEN to your broker. Most have a process for this. I made the same mistake with Robinhood and just contacted their support, explained the error, and submitted a new form. No penalties or anything, they just updated my information.

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Connor Rupert

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Great question! I went through this exact same situation when I was on F1 and later OPT. The key thing to remember is that the W-8 BEN is specifically for establishing your foreign tax status, so you should definitely use your permanent foreign address (India) rather than your current US address. Even though you're physically residing in the US, you're still considered a nonresident alien for tax purposes, and the form is designed to confirm your foreign tax residency. Using your US address could potentially create confusion about your tax status with both your broker and the IRS. If your family has moved in India since you've been here, just use their current address - that's totally fine and very common for students in our situation. The important thing is having a legitimate connection to your home country address. Also, don't forget to check if you're eligible for treaty benefits in Part II of the form! As an Indian citizen, you might qualify for reduced dividend withholding rates under the US-India tax treaty, which could save you money on your investment income.

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Mia Roberts

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This is really helpful! I'm also on F1 visa and was confused about the same address issue. Quick question - when you mention treaty benefits in Part II, do you need any special documentation to claim those benefits, or is it just a matter of filling out that section correctly on the form? I want to make sure I don't claim something I'm not entitled to.

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