Need help with US TIN requirement for Poland tax treaty on hackathon award - W8-BEN & W7 forms confusion
I recently won a hackathon award and travel scholarship at ETH Denver, and now I'm drowning in tax form confusion. They're telling me I need to fill out a W8-BEN form to claim the Poland-US tax treaty benefits, otherwise I'll get hit with a 30% tax withholding on my winnings. The issue is ETH Denver claims I need both a foreign TIN and a US TIN for the tax treaty to apply. When I checked the IRS website about taxpayer identification requirements, this seems to be true. So I started investigating how to get a US TIN by submitting a W-7 form. According to the instructions, if I'm submitting a standalone W-7 (not with a tax return), I need to qualify for one of their exceptions. The only one that seems relevant is for claiming tax treaty benefits, but even that's super confusing: - They want a copy of a contract with an educational institution (Is ETH Denver considered educational? What contract?) - They require a valid US visa (What if someone isn't a student and doesn't have a visa?) - They need a copy of the W8-BEN submitted to ETH Denver (most confusing part - ETH Denver wants me to submit W-7 BEFORE W8-BEN, but IRS wants W8-BEN BEFORE W-7???) - They mention needing a letter from Social Security stating I'm ineligible for an SSN (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, how do I actually submit everything? My W8-BEN deadline is June 15, and mailing everything to Texas could take forever. What's weird is the W8-BEN instructions don't clearly state a US TIN is required for the tax treaty. I thought a foreign TIN should be enough. Last year, a friend who won at ETH Denver only provided his foreign TIN on the W8-BEN and wasn't taxed in the US. I'm completely lost here. Any guidance would be massively appreciated!
20 comments


Carmen Ruiz
This is definitely a tricky situation, but I can help clear up some confusion. The W-8BEN form is used by foreign persons to claim tax treaty benefits, and while technically the form itself doesn't always require a US TIN, many withholding agents (like ETH Denver) require it to process treaty benefits. This is because they have reporting requirements to the IRS and need the TIN to properly document the tax treaty claim. For the W-7 application, you're looking at Exception 1(a) for tax treaty benefits. ETH Denver would likely qualify as a withholding agent rather than an educational institution. The "contract" they're referring to would be documentation of your award/scholarship (any official communication stating what you won). Regarding the visa requirement - this isn't always required for Exception 1(a). The visa is only needed if you're physically present in the US. If you're applying from Poland, this wouldn't apply to you. The W-8BEN/W-7 circular reference is confusing! What typically happens is: you prepare both forms, submit the W-7 first to get your ITIN, then once received, complete the W-8BEN with your new ITIN. As for the June 15 deadline - talk to ETH Denver immediately. They might allow you to submit the W-8BEN with "Applied For" in the TIN field if you can show them you've submitted your W-7.
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Yuki Sato
•Thanks for the detailed explanation! So ETH Denver counts as a withholding agent rather than an educational institution - that makes more sense. What kind of documentation would I need from them to prove the award? Just the email saying I won? Also, for the W-7 application, do I really need to get that letter from Social Security saying I'm ineligible for an SSN? That seems like another bureaucratic nightmare.
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Carmen Ruiz
•The email notification of your award should work fine as documentation, especially if it details the amount and nature of the award. If you have any formal congratulatory letter or award certificate, that would be even better. Anything that officially confirms you're receiving a payment as an award winner. For the Social Security letter, if you're not physically in the US and have never been eligible for work authorization in the US, you typically don't need the SSA rejection letter. The IRS understands that individuals who haven't lived or worked in the US wouldn't qualify for an SSN. On the W-7 form, you'll need to clearly indicate you're applying for an ITIN under Exception 1(a) for tax treaty benefits.
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Andre Lefebvre
After dealing with a VERY similar situation (won at a blockchain hackathon in Austin), I discovered taxr.ai and it literally saved me hours of confusion. Their AI analyzed my specific situation with the W-8BEN and W-7 forms and gave me a step-by-step guide for my exact case. Check them out at https://taxr.ai since they specialize in these unusual international tax situations. I uploaded my award documentation and within minutes I had a complete explanation of which exception applied to me and how to properly sequence the W-7 and W-8BEN submissions. I was also worried about timing, and they provided a complete timeline showing when to submit each form. Turns out there's a specific procedure for hackathon winners from treaty countries that most accountants don't even know about!
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Zoe Alexopoulos
•Did taxr.ai actually help with the physical submission process? I'm in a similar boat (Romanian citizen who won at a San Francisco hackathon) and I'm terrified of messing up the paperwork. My withholding agent is threatening 30% tax if I don't get this right.
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Jamal Anderson
•I'm skeptical about these AI tax tools... I mean, international tax treaties are super complicated and country-specific. Did it actually give you Poland-specific advice? I tried a different tax AI thing last year and it gave me completely generic answers that were useless for my situation.
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Andre Lefebvre
•They don't physically submit forms for you, but they provided a detailed checklist of exactly what needs to be included in my application package, helped me figure out which IRS office to send it to, and even generated a cover letter explaining my situation. The step-by-step guidelines made the process much more manageable. The advice was definitely country-specific. I was dealing with the UK-US tax treaty, and it referenced the exact treaty articles that applied to my hackathon winnings. It even highlighted specific requirements for my country that wouldn't apply to others. The level of detail surprised me - it wasn't generic advice at all but tailored to my exact situation including the type of income (hackathon award) and my specific country's treaty terms.
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Jamal Anderson
Alright, I need to apologize for being skeptical. I went ahead and tried taxr.ai after responding here, and wow - it actually provided really specific advice for my situation with the Romania-US tax treaty for my hackathon prize. It identified the exact treaty article that covers "prizes and awards" in my case and showed me that I qualified for a reduced 10% withholding rate instead of 30%. The system even caught that I was misinterpreting Exception 1(a) on the W-7 form - turns out I was looking at the wrong exception category entirely! The timeline feature was especially helpful since I was also facing a tight deadline. Saved me from what would have been a costly mistake. Definitely recommend checking it out if you're dealing with these international tax treaty situations.
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Mei Wong
I was in the EXACT same boat last year with prize money from a Tokyo hackathon. Spent weeks trying to reach the IRS for clarification but kept hitting dead ends with their phone system. Eventually discovered Claimyr (https://claimyr.com) and they got me through to an actual IRS agent in about 15 minutes! The agent walked me through the entire W-7 exception process and confirmed I could submit my W-8BEN with "Applied For" in the TIN section while waiting for my ITIN. They even explained a special procedure for expediting ITIN applications when there's a withholding issue involved. You can see how their service works here: https://youtu.be/_kiP6q8DX5c Without that call, I would have missed my payment deadline and lost a significant portion to withholding.
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QuantumQuasar
•How does this actually work? The IRS phone system is notorious for disconnecting after hours on hold. Are they somehow gaming the phone system or do they have special access?
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Liam McGuire
•Yeah right... no way they're getting through to the IRS that fast. I've been trying for MONTHS to talk to someone about my ITIN application. This sounds like a scam that charges you and then just puts you on hold like everyone else.
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Mei Wong
•It works by using an automated calling system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a notification and jump on the call. So instead of you personally waiting on hold for hours, their system does it for you. They don't have any special access or connections inside the IRS - they're just using technology to handle the frustrating wait time. I was skeptical too, but I got connected to an actual IRS agent who was extremely helpful with my specific ITIN questions. I needed clarification about Exception 1(a) for my hackathon prize and the agent walked me through exactly what documentation I needed to include with my W-7.
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Liam McGuire
I need to eat my words here. After seeing these recommendations, I tried Claimyr yesterday for my ITIN application issue. I was absolutely CONVINCED it wouldn't work, but I was desperate after months of trying to reach someone. Got connected to an IRS agent in about 20 minutes. The agent actually pulled up my pending application and explained it was held up because I'd missed submitting one of the required supporting documents (I forgot to include the original letter from the withholding agent). They gave me a direct fax number to send the missing document and told me exactly what to write on the cover page to get it matched to my case. Would've spent another month wondering why my application was stalled if I hadn't made that call. For anyone dealing with these international tax forms and deadlines, being able to actually speak with someone who can answer your specific questions is invaluable.
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Amara Eze
I think everyone's missing a simpler approach here. I went through this with a Canadian-US tax treaty situation last year. The key is to contact ETH Denver directly and explain that you're in the process of applying for an ITIN. Ask if they'll accept your W-8BEN with "Applied For" in the US TIN field temporarily. Most organizations will allow this if you can show proof that you've submitted your W-7 application. Then focus on getting a "Certified Acceptance Agent" (CAA) to help with your W-7. These are IRS-authorized individuals who can certify your documents without you sending in your original passport. Many accounting firms have CAAs, even internationally. Worth the money to avoid the headache!
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Yuki Sato
•That's really helpful! I didn't even know Certified Acceptance Agents existed. Is there a way to find one in Poland? And approximately how much do they charge for this service?
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Amara Eze
•You can find CAAs in your country through the official IRS directory here: https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program - just filter for your location. Pricing varies quite a bit depending on the agent and complexity of your case. For a straightforward W-7 application for treaty benefits, I've seen charges between $100-300 USD. Some offer package deals if you also need help with the W-8BEN completion. Honestly, it's worth every penny because they know exactly which exception applies to your situation, which documents you actually need (vs. what the generic instructions suggest), and they can certify your ID documents on the spot - so no sending your passport away or getting special copies from the embassy.
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Giovanni Greco
Has anyone mentioned the timing issue here? June 15 is coming up fast and normal ITIN processing takes 6-8 WEEKS minimum. I learned this lesson the hard way with prize money from a Seoul competition. Here's what you should do immediately: 1. Contact ETH Denver and explain the situation - ask for an extension 2. Request they give you written confirmation they'll accept "Applied For" in the TIN field temporarily 3. Submit your W-7 ASAP using the tax treaty exception 4. If they won't extend past June 15, be prepared that they might withhold the 30% - but you can still claim a refund by filing a 1040NR next year That's the nuclear option if everything else fails. Also, double check the actual Poland-US tax treaty text. Some treaties specifically exempt certain types of awards and scholarships completely!
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Fatima Al-Farsi
•The Poland-US tax treaty (Article 18) does have special provisions for scholarships and fellowships! If the hackathon award could be classified as a fellowship for contributing to educational/scientific advancement, it might qualify for complete exemption.
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Connor O'Neill
This is a really complex situation that many international hackathon winners face! I went through something similar with a prize from a blockchain conference in Miami. One thing that helped me was understanding that the W-8BEN and W-7 timing issue isn't as circular as it seems. The IRS actually has an internal procedure for this - you can submit your W-7 with a copy of your DRAFT W-8BEN (showing "Applied For" in the TIN field), along with documentation from ETH Denver showing they require the ITIN for treaty benefits processing. Also, check if ETH Denver has dealt with international winners before. Many larger organizations have standard procedures for this exact situation and may even have relationships with Certified Acceptance Agents who can expedite the process. For the documentation requirement, your official award notification email should be sufficient, but if you have any certificate or formal documentation of your win, include that too. The IRS wants to see proof that you're legitimately entitled to claim treaty benefits on this specific income. Given the June 15 deadline, I'd recommend calling ETH Denver immediately to discuss options. Many withholding agents are more flexible than they initially appear, especially when you can demonstrate you're actively working to comply with the requirements.
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Grace Patel
•This is incredibly helpful! I had no idea there was an internal IRS procedure for the W-7/W-8BEN timing issue. The idea of submitting a draft W-8BEN with the W-7 application makes so much sense - it shows the IRS exactly why you need the ITIN. Quick question - when you say "documentation from ETH Denver showing they require the ITIN for treaty benefits processing," did you just ask them to send you an email stating this requirement? Or did they have some kind of formal letter they provide to international winners? Also, you mentioned that larger organizations often have relationships with Certified Acceptance Agents. Did ETH Denver actually recommend someone specific, or did you find the CAA independently? I'm trying to figure out if I should ask them directly about this or just search the IRS directory myself. The June 15 deadline is really stressing me out, but your point about withholding agents being more flexible is reassuring. I'll definitely call them first thing tomorrow morning!
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