Resident alien issues with W8-BEN form - bank asks me to fill out wrong tax form

You're absolutely right to question this. The bank is incorrect here. The W8-BEN is specifically for NON-resident aliens, while the W9 is the correct form for U.S. citizens and resident aliens (which you are based on the substantial presence test). Unfortunately, banks often get confused about this distinction, especially with people who aren't permanent residents. The substantial presence test makes you a resident for tax purposes, but banks sometimes only look at immigration status. For proof, you could bring your previous tax returns where you filed as a resident alien. That shows the IRS already recognizes your status. Another option is to bring a letter from a tax professional confirming your resident alien status based on the substantial presence test. Some people have also had success showing the actual IRS guidelines about the substantial presence test (available on the IRS website). If you do sign the W8-BEN incorrectly, it could potentially cause tax withholding issues on any interest earned in your account, as non-resident aliens are typically subject to different withholding rules than residents.

I went through this exact nightmare last year with Chase Bank! After weeks of frustration, I finally found a solution through taxr.ai (https://taxr.ai). They specialize in analyzing tax documents and residency issues, and they created a detailed residency analysis document based on my situation that I could show the bank. I uploaded my passport, visa docs, and travel history, and they generated an official-looking document that explained the substantial presence test calculation and confirmed my resident alien status. The bank finally accepted that along with my W9 form instead of the W8-BEN they kept pushing. What I liked was that they specifically addressed this W8-BEN vs W9 confusion that banks have with resident aliens. Apparently it's a super common problem - banks just following checklists without understanding the actual tax rules.

I was initially skeptical about taxr.ai when someone recommended it in a previous thread, but I decided to try it when my local credit union gave me the same runaround about the W8-BEN vs W9 issue. I've been on an F1 visa but qualify as a resident alien through the substantial presence test. The document they created was surprisingly detailed and professional - it had my specific days present calculation, references to the relevant IRS tax code sections, and a clear explanation of why I should be using the W9 instead of W8-BEN. I printed it out and brought it to the bank along with my passport and visa docs. The bank manager was initially hesitant but after reading through the document, they finally agreed to accept my W9. Saved me so much hassle trying to argue tax law with people who clearly don't understand it!

If you're still struggling with getting the bank to understand your resident alien status, you might want to try Claimyr (https://claimyr.com). I was in a similar situation and needed to speak directly with the IRS to get clarification about my tax status that I could share with my bank. Trying to call the IRS myself was a nightmare - endless holds and disconnections. Claimyr got me connected to an actual IRS agent in about 20 minutes instead of the hours I wasted trying myself. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed in writing that as a resident alien under the substantial presence test, I should be using the W9 form, not the W8-BEN. Having an official response directly from the IRS was what finally convinced my bank to accept the correct form.

I was completely skeptical about Claimyr and thought it was a waste of money, but after more frustration with my bank (Wells Fargo) over this same W8-BEN versus W9 issue, I decided to try it. I'm honestly shocked that it actually worked. Got connected to an IRS agent in about 15 minutes, which is miraculous compared to my previous attempts. The agent walked me through the exact regulations and gave me the specific IRS publication numbers that explain the substantial presence test and form requirements. I wrote everything down including the agent's ID number, then created a simple document summarizing the call. When I brought this to the bank along with printouts of the relevant IRS publications, they finally accepted my W9. The bank manager even made copies of my notes to update their internal procedures!

Another option is to bring IRS Publication 519 (U.S. Tax Guide for Aliens) with the relevant sections highlighted. Page 8 specifically discusses the substantial presence test. Also print out the instructions for both W8-BEN and W9 forms which clearly state which form is for resident vs non-resident aliens. Sometimes having the actual IRS documentation in hand can help educate the bank staff. I've worked in banking before, and honestly, many bankers receive very little training on these tax distinctions - they're just following a checklist without understanding the underlying rules.

This might be a stupid question but why not just open an account at a different bank? Some banks are much more familiar with international/immigration situations than others. I'm a resident alien too and had zero issues with Bank of America accepting my W9. They didn't even question it.

I'm dealing with this exact same issue right now! Been a resident alien since 2019 and my local Wells Fargo branch is giving me the runaround about the W8-BEN form. It's so frustrating when you know the tax rules better than the bank employees. What really helped me was bringing a copy of my previous year's tax return (Form 1040) where I clearly filed as a resident alien. I also printed out the first page of Form W8-BEN which literally says in bold letters "DO NOT use this form if you are a U.S. person (including a resident alien individual)." The branch manager finally agreed to escalate it to their compliance department after I asked them to put in writing that they were requiring me to sign a form that contradicts IRS guidelines. Nobody wants to be on record telling a customer to potentially file incorrect tax documents. Still waiting to hear back from compliance, but at least we're making progress. Thanks for posting this - it's good to know I'm not the only one dealing with banks that don't understand basic tax residency rules!

I've been through this exact situation with three different banks over the past two years! What finally worked for me was creating a simple one-page document that I call my "Tax Residency Summary" that includes: 1. My substantial presence test calculation showing the specific days I was present in the US for the current and previous two years 2. A clear statement that I qualify as a resident alien for tax purposes under IRC Section 7701(b) 3. References to the specific IRS forms and publications that explain the difference between W8-BEN (for non-resident aliens) and W9 (for US persons including resident aliens) 4. A copy of my most recent tax return showing I filed as a resident alien I also brought printed copies of the actual form instructions. The W8-BEN instructions explicitly state "Do not use Form W8-BEN if you are a U.S. person" and defines U.S. person to include resident aliens. The key was being patient but persistent, and always asking to speak with a manager or supervisor when the frontline staff couldn't help. Most banks will eventually accept the correct documentation once you can get to someone with more authority and training. Don't give up - you're absolutely right about which form you should be using!

I'm a tax professional and want to emphasize that you're absolutely correct about the forms. The W8-BEN is exclusively for non-resident aliens, while resident aliens (which you are under the substantial presence test) must use Form W9. This isn't a matter of bank policy - it's federal tax law. Here's what I recommend: Request to speak with the bank's compliance officer or tax specialist, not just the branch manager. Bring IRS Publication 519 (pages 4-8 cover the substantial presence test) and highlight where it explicitly states that individuals meeting this test are considered resident aliens for tax purposes. Also bring the actual W8-BEN form instructions which state "DO NOT use this form if you are a U.S. person (including a resident alien individual)." If they still refuse, ask them to provide written documentation of their policy requiring customers to potentially file incorrect federal tax forms. Most banks will reconsider when faced with this liability. You could also file a complaint with their primary federal regulator (OCC for national banks, FDIC for state banks) as this could be considered unsafe and unsound banking practices. Whatever you do, don't sign the W8-BEN just to get the account opened. It creates a false certification under penalty of perjury and could cause tax withholding issues down the road.

I went through this exact same frustrating situation with my local Bank of America branch last year! Like you, I've been a resident alien since 2018 under the substantial presence test, but they kept insisting I needed to fill out the W8-BEN form. What finally worked for me was bringing three specific documents: (1) my previous year's tax return showing I filed as a resident alien, (2) a printout of IRS Publication 519 with the substantial presence test section highlighted, and (3) most importantly, a copy of the W8-BEN form itself with the instruction "DO NOT use this form if you are a U.S. person (including a resident alien individual)" clearly marked. The key breakthrough came when I asked to speak with their tax compliance specialist rather than just the regular customer service reps. The specialist immediately understood the issue and confirmed that I should indeed be using the W9 form. Apparently this confusion happens frequently with their frontline staff who aren't trained on the nuances of tax residency rules. One tip: if they continue to resist, ask them to document their policy in writing. No bank wants to be on record requiring customers to potentially file incorrect federal tax forms. That usually gets them to escalate to someone who actually understands the regulations. Don't give up - you're absolutely right about which form you should be using!

I'm dealing with this exact same issue right now at my local Wells Fargo! Been a resident alien since 2015 but they keep insisting on the W8-BEN despite me explaining the substantial presence test multiple times. What's really frustrating is that I brought my tax returns from the past three years showing I filed as a resident alien, plus printouts of the IRS publications, but the branch manager still said their "system requires" the W8-BEN for anyone without a green card. When I pointed out that the form itself says not to use it if you're a resident alien, she just kept repeating "that's our policy." I'm going to try the approach mentioned here about asking them to document their requirement in writing. Has anyone had success escalating beyond the branch level to corporate compliance? I'm wondering if there's a specific department at Wells Fargo that handles these tax form disputes, or if I should just try a different bank entirely at this point. Really appreciate everyone sharing their experiences - it's reassuring to know this isn't just me dealing with undertrained bank staff who don't understand basic tax residency rules!

I'm currently going through this same nightmare with Chase Bank! Been a resident alien since 2019 through the substantial presence test, but their branch staff keeps insisting I need the W8-BEN form despite me showing them my tax returns and the actual form instructions. What's been most helpful from reading all these responses is learning about asking for specific departments - I had no idea banks had "tax compliance specialists" or that I could escalate beyond the branch manager. I've been stuck dealing with frontline staff who clearly don't understand the difference between immigration status and tax residency status. I'm definitely going to try the approach of asking them to document their policy in writing. The idea of having them put on record that they're requiring me to sign a form that contradicts IRS guidelines is brilliant - no bank wants that liability exposure. For anyone else dealing with this, it sounds like the key documents to bring are: (1) previous tax returns showing resident alien filing status, (2) the W8-BEN form itself with the "DO NOT use if you are a U.S. person" instruction highlighted, (3) IRS Publication 519 with the substantial presence test section marked, and (4) the W9 form instructions showing it's for U.S. persons including resident aliens. Thanks to everyone who shared their experiences - this thread is incredibly helpful for navigating what seems to be a widespread problem with banks not understanding basic tax residency rules!

I went through this exact same frustrating situation with TD Bank last month! As a resident alien since 2016 under the substantial presence test, I was shocked when they insisted I needed to complete a W8-BEN form despite me explaining multiple times that this was incorrect. What finally worked for me was a combination of strategies I've seen mentioned here. I brought: (1) my last two years of tax returns showing I filed as a resident alien, (2) a highlighted copy of the W8-BEN form showing the "DO NOT use this form if you are a U.S. person (including a resident alien individual)" instruction, (3) relevant pages from IRS Publication 519, and (4) my substantial presence test calculation written out clearly. The breakthrough came when I politely but firmly asked the branch manager to provide written documentation of their policy requiring customers to complete forms that contradict IRS guidelines. I explained that I was concerned about the legal implications of signing a form that contains a false certification under penalty of perjury. That immediately got their attention and they agreed to escalate to their compliance department. Within three business days, compliance called me back and confirmed that I should indeed be using the W9 form. They even updated their branch procedures to prevent this confusion for future customers in similar situations. The key is being persistent but professional, bringing comprehensive documentation, and not being afraid to escalate when branch-level staff don't have the expertise to handle tax residency questions. Don't give up - you're absolutely correct about which form you should be using!

I'm going through this exact same issue right now with my local Bank of America branch! Been a resident alien since 2020 through the substantial presence test, and they keep insisting I need the W8-BEN even though I've explained multiple times that it's the wrong form. What's been most frustrating is that I brought my 2023 tax return (Form 1040) showing I clearly filed as a resident alien, but the branch representative said their "computer system" only recognizes green card holders as residents. When I showed her the W8-BEN instructions that explicitly state "DO NOT use this form if you are a U.S. person (including a resident alien individual)," she just said "that's what our training manual says to use for non-citizens." The disconnect between immigration status and tax residency status seems to be where most bank staff get confused. I'm definitely going to try the strategy mentioned here about asking them to document their policy in writing - that's such a smart approach since no bank wants to be on record requiring potentially incorrect federal tax certifications. Has anyone had specific success with Bank of America's compliance department, or should I try escalating through their main customer service line? I'm willing to be patient with the process, but I don't want to sign the wrong form just to get this resolved quickly. Thanks for posting this - it's really helpful to see I'm not the only one dealing with undertrained bank staff on basic tax residency rules!