Should I fill out a W-8BEN as an F-1 student working as an independent contractor?

You're right to be concerned about this. As an F-1 student, your tax residency status is more complicated than just counting days in the US. For tax purposes, F-1 students are generally considered nonresident aliens for the first 5 calendar years in the US. After that, you'd need to apply the Substantial Presence Test to determine your status. So if you've been in the US less than 5 years, you're almost certainly a nonresident alien regardless of how many days you've been here. Since you're a nonresident alien, the W-9 form is incorrect - that's for US citizens and residents. You should complete Form W-8BEN instead, which certifies your foreign status. Let your employer know about this mistake right away. Also, be aware that working as an independent contractor on an F-1 visa could potentially violate your visa terms if this work isn't authorized as CPT (Curricular Practical Training) or OPT (Optional Practical Training). Make sure your work arrangement is properly authorized through your school's international student office.

I was in your exact same position last year with a tech startup. Nobody online seemed to have clear answers so I used taxr.ai which completely solved my problems. You upload your documents and it analyzes your specific situation - it confirmed I needed W-8BEN as an F-1 student in my second year, but also identified that I needed to complete some additional state-specific forms for where I was working. The https://taxr.ai system also explained the tax treaty benefits I was eligible for based on my home country (which my employer had no clue about). It generated a personalized letter I could give to my employer explaining why the W-9 was incorrect and what forms they actually needed from me. Saved me from a potential tax mess!

Just wanted to follow up - I tried taxr.ai after seeing the recommendation here and it was incredibly helpful! It confirmed I needed the W-8BEN (not W-9) and showed me exactly how to claim the tax treaty benefits for students from India. The system even created a detailed explanation letter for my employer explaining why they were incorrectly classifying me. Turns out I was eligible for a special exemption on the first $5,000 of my compensation due to the US-India tax treaty. My employer had no idea about this! The document analysis also flagged that the startup was incorrectly classifying me as an independent contractor when I should legally be considered an employee based on my work arrangement. Saved me a ton in self-employment taxes I shouldn't have been paying.

Hey there, I dealt with similar issues last year trying to get proper tax guidance. After multiple failed attempts calling the IRS international taxpayer line (waited 3+ hours each time and kept getting disconnected), I finally used Claimyr to get through. Using https://claimyr.com was a game-changer - they got me connected to an actual IRS representative in about 20 minutes who specialized in international student tax situations. The agent confirmed everything about my W-8BEN vs W-9 question and explained exactly what forms my university startup should have been using. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c The IRS rep also warned me about potential visa complications with being classified as an independent contractor and gave me resources to share with my employer.

I need to eat my words. After posting my skeptical comment, I decided to try Claimyr anyway out of desperation. I'd been trying to reach the IRS international tax department for WEEKS about my F-1 and independent contractor situation. Used the service yesterday and got connected to an IRS specialist in 35 minutes (they texted updates while I was waiting). The agent confirmed I needed to file a W-8BEN, not a W-9, and explained that my employer was incorrectly classifying me as an independent contractor based on my work arrangement. They even sent me IRS publications specific to F-1 students that I could share with my employer. The agent also mentioned that being misclassified as an independent contractor means I'd be overpaying on self-employment taxes I shouldn't owe. This literally saved me thousands of dollars. Completely worth it after wasting days trying to get through on my own.

Just to add another perspective - I think you have two separate issues here: 1) Tax form issue: Yes, as others mentioned, W-8BEN is correct for nonresident aliens, not W-9 2) Misclassification issue: It sounds like you're being misclassified as an independent contractor when you're actually an employee The second issue is potentially more serious. Being classified as an independent contractor means you'll pay higher taxes (self-employment tax) and miss out on benefits. If you're taking direction from a boss, using their equipment, working set hours, etc., you're likely an employee under IRS rules. Your school's international student office can sometimes help with these issues too since they see this frequently with internships.

Make sure you're also considering your CPT/OPT status here! Working as an independent contractor while on F-1 can be tricky with visa regulations. Are you currently on authorized CPT for this internship? If so, make sure the company's documentation matches what's on your CPT authorization.

Hi, instead of W8 BEN, is W8 ECI more relevant because for W8 BEN, the employer has to withold tax whereas for W8 ECI, it exempts the witholding tax

This is a really comprehensive discussion! I want to add one more important point that I learned the hard way - make sure you keep detailed records of everything throughout this process. Document your current work arrangement (hours, supervision, equipment used, etc.) in case you need to prove employee vs. contractor classification later. Also keep copies of all the tax forms you submit and any correspondence with your employer about the classification change. If you do end up switching from W-9 to W-8ECI (as @Tony Cheong and @Fatima Al-Hashimi discussed), make sure your employer updates their records properly. Some payroll systems automatically withhold taxes based on the initial form you submitted, so you may need to follow up to ensure the withholding is corrected going forward. One last thing - since you mentioned this is for an internship, double-check that your work authorization (CPT/OPT) specifically covers independent contractor work. Some schools have stricter interpretations and require traditional employee relationships for CPT authorization. Better to clarify this with your international student office before any potential issues arise. Good luck with your tax advisor meetings! You're asking all the right questions.

This thread has been incredibly helpful! I'm also an F-1 student dealing with similar issues, and I wanted to share what I learned from my international student advisor that might help others. One thing that hasn't been mentioned yet is the timing of when you submit your corrected tax forms. If you've already been paid using the incorrect W-9 classification, you may need to work with your employer to issue corrected 1099s at year-end that reflect your proper status as a nonresident alien. Also, I'd strongly recommend documenting the conversation when you approach your employer about the classification change. Send a follow-up email summarizing what was discussed - this creates a paper trail that can be helpful if there are any disputes later about when the correct classification should have started. For anyone else in this situation: your school's tax preparation services (if they offer them) are often familiar with these F-1 student contractor situations since they see them frequently during tax season. They might be able to provide guidance or even template letters you can use with your employer. The visa compliance aspect is really crucial too - even if the tax forms are correct, make sure the actual work arrangement doesn't violate your F-1 status. Independent contractor work can be trickier to justify under CPT/OPT than traditional employee relationships.

I wanted to add one more resource that helped me tremendously when I was in a similar situation last year. The IRS has Publication 519 (U.S. Tax Guide for Aliens) which has a specific section on students and scholars that covers exactly these W-8ECI vs W-8BEN questions. What I found particularly helpful was the flowchart on page 15 that walks you through determining your tax status as an F-1 student. It clearly explains when your income is considered "effectively connected" (requiring W-8ECI) versus when other forms apply. The publication also has examples of common F-1 student work scenarios, including internships and contractor arrangements. Reading through those examples helped me understand not just what forms to use, but why certain classifications apply in different situations. You can download it directly from the IRS website, and it's updated annually. Having this official guidance was really valuable when I had to explain the situation to my employer - they were much more receptive to making changes when I could reference official IRS documentation rather than just saying "I think this is wrong." Given all the great advice in this thread about documentation and proper classification, I'd definitely recommend downloading Publication 519 before your meetings with tax advisors. It'll help you ask more informed questions and better understand their recommendations.

I went through this exact situation last year and want to emphasize something that hasn't been fully addressed yet - the potential retroactive implications of fixing the tax form error. When I switched from W-9 to W-8ECI mid-year (similar to your situation), I had to work with my employer to recalculate withholdings for payments already made. Since nonresident aliens on F-1 visas typically have different withholding requirements than what a W-9 triggers, you may be entitled to refunds of excess taxes already withheld, or conversely, you might owe additional amounts. My employer's payroll company initially resisted making these adjustments, claiming it was "too complicated" to change mid-year. I had to provide them with specific IRS guidance and even got my school's international student office to send a letter explaining the situation. Don't let them brush this off as "we'll figure it out at year-end" - getting the withholding right going forward prevents bigger headaches during tax season. Also, since you mentioned the company is treating you like an employee but classifying you as a contractor, document everything about your work arrangement NOW. Take screenshots of your schedule, save emails about assignments and supervision, and keep records of any company equipment or software you use. If the IRS ever audits the worker classification, this documentation will be crucial for both you and your employer. The tax treaty benefits others mentioned are real money - I saved over $1,200 on my first $5,000 of income thanks to the US-India tax treaty. Don't leave that on the table!

This thread is incredibly comprehensive! As someone who went through a similar situation as an F-1 student, I want to add one more angle that might be helpful. If you're working through a university-affiliated program or your internship was arranged through your career services office, they sometimes have template letters and documentation that can help explain the tax classification issues to employers. I found that startups were much more receptive when the explanation came with official university letterhead rather than just from me as a student. Also, regarding the timing of making these changes - if you're getting paid bi-weekly or monthly, try to make the correction before your next pay period if possible. It's much cleaner administratively than having to do mid-cycle adjustments to withholdings. One thing I learned the hard way: even after you submit the correct W-8ECI form, follow up with your employer's payroll department (not just HR) to confirm they've actually updated their system. I had a situation where HR acknowledged the form change but payroll continued using the old W-9 information for two more pay periods because no one told them about the update. The advice about Publication 519 is gold - that document really is the definitive guide for these situations. Good luck with your tax advisor meetings, and don't hesitate to advocate for yourself with the employer. Most startups genuinely want to do the right thing once they understand the rules!

This has been such an incredibly valuable thread! As a newcomer to this community, I'm amazed by how thoroughly everyone has covered this complex topic. I'm also an F-1 student who just started working with a small company, and reading through all these experiences has made me realize I need to be much more proactive about understanding my tax obligations. The discussion about W-8ECI vs W-8BEN vs W-9, the importance of proper documentation, and especially the visa compliance aspects have been eye-opening. The resources mentioned here - Publication 519, the various online tools, and especially the advice about working with university international student offices - are exactly what I needed to see. I had no idea there were so many nuances to consider beyond just "fill out the right form." One thing that really stands out from reading everyone's experiences is how common these misclassification issues seem to be with startups and smaller companies. It's reassuring to know that most employers want to do the right thing once they understand the rules, as several people mentioned. I'm going to download Publication 519, schedule a meeting with my international student office, and make sure I have all my documentation organized before approaching my employer about tax forms. Thanks to everyone who shared their experiences and made this such a comprehensive resource!

As someone who recently navigated a similar F-1 visa tax situation, I want to echo what others have said about the importance of getting this right early. The distinction between W-8ECI and W-9 is crucial, and you're absolutely right to be concerned. One thing I'd add to this excellent discussion is to also check if your startup is registered in multiple states. I discovered that my employer had operations in different states, which created additional complexity for state tax obligations that nobody initially considered. Some states have different rules for nonresident alien taxation that could affect your overall tax liability. Also, when you do approach your employer about correcting the forms, consider framing it as a compliance issue that protects both of you rather than pointing out their mistake. I found that emphasizing "let's make sure we're both following IRS guidelines correctly" got much better reception than "you gave me the wrong form." The tax advisor meetings you've scheduled are a great idea. Make sure to bring all your visa documentation, work authorization papers, and details about your specific work arrangement. Having everything organized will help them give you more precise guidance. Good luck with getting this sorted out - the fact that you're addressing it quickly shows you're being very responsible about compliance!

As a newcomer to this community, I'm really impressed by how comprehensive and helpful this discussion has been! I'm also an F-1 student who recently started working, and this thread has been incredibly educational. Reading through everyone's experiences, I'm realizing there are so many interconnected issues beyond just getting the right tax form - visa compliance, worker classification, state tax implications, and proper documentation. It's overwhelming but also reassuring to see how many people have successfully navigated these challenges. I particularly appreciate the practical advice about framing conversations with employers as compliance issues rather than pointing out mistakes, and the emphasis on getting university international student offices involved for additional credibility. The mention of Publication 519 as an authoritative resource is also really valuable. One question I have after reading all this: for those who had to make retroactive corrections mid-year, approximately how long did the entire process take from identifying the issue to having everything properly corrected with your employer? I want to set realistic expectations as I start addressing similar issues with my own work situation. Thanks to everyone who shared their experiences - this community is an amazing resource for navigating these complex F-1 student employment and tax situations!