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Isabella Brown

Need advice on US TIN requirement for Poland tax treaty claim on hackathon prize (W8-BEN, W7 forms confusion)

I recently won a prize at a crypto hackathon in Denver plus a travel scholarship, and now I'm totally confused about the tax paperwork. The organizers are telling me I need a US Taxpayer Identification Number (TIN) to claim the Poland-US tax treaty benefits on my W8-BEN form, or else they'll withhold 30% of my winnings for taxes. When I checked the IRS website, it seems to confirm that a US TIN is required for tax treaty claims. So I started looking into getting a US TIN by filing Form W-7, but this is where things get really complicated. According to the W-7 instructions, since I'm not filing a US tax return, I need to qualify for one of their exceptions. The only one that might work is their scholarship/award exception, but I'm not sure if it applies to my situation because: 1. They want a copy of a contract with an "educational institution" - but is a crypto hackathon considered educational? What kind of contract would this be? 2. They require a valid US visa - but what if someone isn't a student and doesn't have a visa? 3. They want a copy of the W8-BEN submitted to the organizers - but the organizers want me to get the W-7 BEFORE submitting the W8-BEN. This circular logic is driving me crazy! 4. They need a letter from the Social Security Administration saying I'm ineligible for a SSN - is this really necessary and how do I even get this? Even if I somehow gather all these documents and get my passport certified at the US embassy in Warsaw, I'm worried about timing. I only have until June 15th to submit the W8-BEN, and mailing everything to Texas could take forever. What's even more confusing is that the W8-BEN instructions don't clearly state that a US TIN is mandatory for claiming tax treaty benefits. I thought my Polish TIN should be sufficient. A friend of mine won at the same event last year, only provided their foreign TIN, and didn't get taxed in the US at all. I'm completely lost in this bureaucratic maze. Has anyone dealt with this situation before? Any advice would be incredibly appreciated!

This is definitely confusing, but I can help clear things up based on my experience with international tax treaties. The issue is that there are two different requirements at play. For the actual tax treaty benefits, you technically need a US TIN (either SSN or ITIN) to claim them on a tax return. However, for withholding purposes on form W-8BEN, the rules are different. Under current regulations, you can submit a W-8BEN claiming treaty benefits without a US TIN for certain types of income, including prizes and scholarships, though the withholding agent (ETH Denver) has some discretion here. For your specific situation: The organizers are being cautious by requiring the US TIN because they don't want to be liable if they incorrectly apply the treaty. That said, your friend's experience suggests they haven't always enforced this requirement. Regarding the W-7 application, you're right about the circular logic. The proper sequence is actually that you submit a W-8BEN with "Applied For" in the TIN field, then submit your W-7. For the documentation, a hackathon probably wouldn't qualify as an educational institution in the traditional sense, which complicates things. Your best approach might be to contact the IRS Taxpayer Advocate Service directly. They can provide guidance specific to your situation and sometimes help bypass some of the bureaucratic obstacles.

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Would it be possible to just accept the 30% withholding initially and then file for a refund later once they have all the proper documentation sorted out? Or would that create more problems down the road?

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Yes, accepting the 30% withholding initially is absolutely a viable option! You can then file a Form 1040NR (U.S. Nonresident Alien Income Tax Return) after the tax year ends, attach your W-7 application at that time, and claim a refund of the overwithheld tax based on the treaty benefits. This approach actually simplifies the process significantly because filing the W-7 with a tax return eliminates the need to qualify for one of those specific exceptions you mentioned. The downside is that you'll have to wait longer to get your full award amount, and there might be a bit more paperwork involved.

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I went through something similar last year with prize money from a design competition in California. I found that using taxr.ai (https://taxr.ai) was incredibly helpful for sorting through all the international tax paperwork mess. They specialize in these exact scenarios where you need to navigate tax treaties, TINs, and all those confusing forms. Their system analyzed my specific situation with the Poland tax treaty and guided me through the exact process I needed to follow. They even helped me prepare the right language to use when communicating with the event organizers about withholding requirements. The best part was that they could tell me precisely what documents I actually needed versus what was technically optional. Saved me from running around gathering unnecessary paperwork!

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Ava Kim

Did they actually handle submitting the forms for you or just give you guidance? I'm in a similar situation but with the Netherlands treaty, and I'm worried about messing up the submission process.

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I've heard mixed things about these tax services for international situations. How did they handle the timing issue? Did you still have to mail physical forms or was there some digital submission option they provided?

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They provided detailed guidance rather than submitting forms on my behalf, which actually worked better for me since I learned the process. They gave me step-by-step instructions with all the specific language I needed to use on each form for my particular situation. For the timing issue, they helped me prepare a communication to the event organizers explaining the legitimate delays in the TIN application process, which bought me some extra time. While I still had to mail physical forms to the IRS, they provided me with the exact mailing addresses, tracking recommendations, and timing expectations so I could plan accordingly.

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Wanted to follow up about my experience with taxr.ai (https://taxr.ai) after checking it out based on the recommendation here. It was seriously a game-changer for my situation! I was dealing with the Netherlands tax treaty for some consulting work, and the platform immediately identified several exemptions I qualified for that weren't obvious from reading the IRS instructions. Their system walked me through each step of the W-8BEN and W-7 process and explained exactly how the forms interact with each other. They even generated a customized letter I could send to the company paying me that explained the legal basis for treaty benefits without a TIN in certain situations. The best part was that they flagged a specific provision in the Netherlands treaty that applied to my type of income that I would have completely missed on my own. Definitely worth checking out if you're dealing with international tax treaty confusion!

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After dealing with similar TIN/W-8BEN issues for years, I discovered Claimyr (https://claimyr.com) which completely changed how I handle these complex tax situations. When I was stuck in a similar paperwork loop, I needed to speak directly with an IRS agent but kept hitting endless busy signals and automated messages. Claimyr got me connected to an actual IRS representative in about 20 minutes, when I had previously spent hours trying on my own. The agent was able to clarify the exact requirements for my situation and confirmed that for certain types of income under the Poland treaty, there are exceptions to the TIN requirement. You can see how their system works in this video: https://youtu.be/_kiP6q8DX5c - it basically holds your place in the IRS phone queue so you don't have to. Honestly saved me days of frustration.

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How exactly does this work? Do they just call the IRS for you or what? I'm confused about how a third-party service can get through when regular people can't.

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Sounds suspicious to me. Why would the IRS give preferential treatment to calls coming from some random service? And do they have access to your personal tax information when they're doing this? Seems like a potential security risk.

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They don't call the IRS for you - their system navigates the IRS phone tree and waits in the queue on your behalf. When an agent finally picks up, Claimyr calls you and connects you directly with the IRS representative. You're the one who speaks with the IRS, not them. They don't have access to any of your tax information during this process. They're simply holding your place in line using technology that navigates the phone system. It's basically like having someone wait in a physical line for you and then wave you over when it's your turn. The IRS doesn't know or care how you got connected - they just answer calls in the order received.

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I need to apologize for my skepticism earlier and provide an update. After researching more about Claimyr (https://claimyr.com), I decided to try it because I was getting nowhere with my similar tax treaty issue. I was able to speak with an actual IRS international tax specialist within 45 minutes, which was mind-blowing considering I had spent nearly 3 weeks trying to get through on my own. The IRS agent confirmed exactly what I needed for my situation and cleared up my confusion about the W-7 application process. They explained that for certain types of income under tax treaties, there are special procedures that aren't well documented on the forms themselves. The agent even gave me a direct reference number for my case that I could use if the withholding agent (similar to your ETH Denver situation) questioned anything. This has completely changed my approach and saved me from potentially losing a significant portion of my earnings to unnecessary withholding.

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I dealt with this exact situation last year with prize money from a tech competition in Austin. From my experience, your best bet is to: 1) Request an extension from ETH Denver explaining that you're in the process of obtaining a TIN 2) Submit the W-7 through an Acceptance Agent rather than mailing it to Texas 3) Use "Applied For" in the TIN field on your W-8BEN The Acceptance Agent route is much faster - they can verify your documents on the spot and submit everything electronically. There are authorized agents in most major cities including Warsaw. This cut my processing time from 3+ months to about 6 weeks.

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Thanks for sharing your experience! What exactly is an Acceptance Agent and how do I find one in Warsaw? Also, did ETH Denver (or equivalent in your case) actually agree to the extension when you asked?

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An Acceptance Agent is someone authorized by the IRS to verify identification documents for ITIN applications. They can certify your original documents so you don't have to mail them to the IRS. You can find a list of international agents on the IRS website - search for "acceptance agents abroad" and filter for Poland. The tech competition in my case did agree to a 45-day extension. They were understanding once I showed them documentation that I had started the TIN application process. I found that being transparent about the timeline and keeping them updated regularly made them more willing to work with me. I sent them the receipt from the Acceptance Agent as proof that I had actually started the process, which helped a lot.

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Has anyone considered whether a state ID number could work instead of a federal TIN? My cousin won something at a game development event and used his California state ID number on some tax treaty paperwork. The organizers accepted it and only withheld like 10% instead of 30%.

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That's not correct advice at all. State ID numbers are completely different from federal taxpayer identification numbers and aren't recognized for federal tax treaty purposes. Either your cousin misunderstood what happened or the organizers made a mistake. Using a state ID in place of a TIN on W-8BEN could actually create bigger problems down the road when the IRS reviews the withholding.

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