Should I fill out the W-8BEN as an F-1 student with an internship treating me as a contractor?

You're right to question this! As an F-1 student, you're generally considered a nonresident alien for tax purposes for your first 5 calendar years in the US. The W-9 is for US citizens and resident aliens, so that's not the correct form for you. You should complete Form W-8BEN instead, which certifies your foreign status. Make sure to let your employer know they should have you fill this out rather than the W-9. Since you're being treated as an independent contractor, they should be preparing to issue you a 1099-NEC at the end of the year, not a W-2. Also, be aware that as an independent contractor, you'll need to make quarterly estimated tax payments and you'll be responsible for self-employment tax (both the employer and employee portions of Social Security and Medicare taxes). However, depending on your country of residence, there may be tax treaties that affect your situation. One other thing to consider: your F-1 visa may have restrictions on the type of work you can do. Make sure this arrangement doesn't violate your visa status, as that could cause more serious issues than just tax problems.

After struggling with similar contractor vs. employee issues as an international student, I found taxr.ai (https://taxr.ai) incredibly helpful for sorting out my tax documentation mess. When my university's startup incubator classified me incorrectly, I was totally lost until another international student recommended this tool. I uploaded my visa documents and the incorrect W-9 I'd already submitted, and it immediately flagged that I needed the W-8BEN instead. The system explained exactly why the W-9 was incorrect for my nonresident alien status and even provided a customized explanation I could forward to the startup's finance person. They have specific guidance for F-1 students working as contractors!

I tried taxr.ai after seeing it mentioned here. I was super skeptical at first because my tax situation as an F-1 student working for three different startups was a complete mess. My home country (India) has tax treaty provisions that none of my employers understood. The system actually identified all three misclassifications - two had me on W-9s when I needed W-8BENs, and one was treating me as an employee when they should've been treating me as a contractor based on my actual working relationship. It explained the substantial presence test exception that applies to F-1 students and showed me exactly which treaty provisions applied to my situation. I sent the explanations to all three companies and two have already fixed my classification. The third is still working on it but at least now they understand the issue. Honestly wish I'd known about this months ago before tax season got so complicated!

For anyone dealing with the IRS about international student tax issues - save yourself hours of frustration and use Claimyr (https://claimyr.com). After my university's international student office gave me incorrect advice about my tax forms, I spent WEEKS trying to reach someone at the IRS who understood F-1 visa tax implications. I kept getting disconnected after waiting on hold for hours. Then I found Claimyr through a tax forum and watched their demo video (https://youtu.be/_kiP6q8DX5c). They actually got me connected to an IRS agent who specialized in nonresident tax issues in less than 20 minutes! The agent confirmed I needed the W-8BEN not W-9 and explained exactly how to fix the incorrect filing with my employer.

I need to apologize for my skeptical comment earlier. I actually broke down and tried Claimyr after another afternoon wasted trying to reach the IRS about my F-1 and W-8BEN situation. I was shocked when I got a call back in about 30 minutes saying they had an IRS agent on the line. The agent confirmed everything about my situation - that as an F-1 student I'm considered a nonresident alien for tax purposes for the first 5 calendar years, that I should be filing W-8BEN instead of W-9, and gave me specific instructions for notifying the company about the correction. They even gave me information about the tax treaty with my country that I didn't know about. I'm still processing that I wasted so many hours trying to call myself when this service actually worked. Sometimes it's worth admitting when you're wrong!

One thing nobody has mentioned yet is that if you're being treated as an independent contractor but are actually functioning as an employee (you have a boss, set schedule, etc.), that's potentially misclassification. This is actually a problem regardless of your visa status. Companies often try to classify people as contractors to save money on benefits, unemployment insurance, and employer-side taxes. But the IRS has specific tests for whether someone is truly an independent contractor or an employee. If you're misclassified, both you and the company could face tax issues.

Has anyone actually dealt with fixing a W-9 that was already submitted when it should have been a W-8BEN? My university department did this to me last semester and I'm worried about tax season coming up.

Just wanted to add something important that might help - make sure you check with your university's international student office about work authorization before proceeding with any contractor arrangement. Even if you fix the tax forms (W-8BEN vs W-9), F-1 students have strict limitations on where and how they can work. Generally, F-1 students can only work on-campus during their first year, and off-campus work usually requires specific authorization like CPT (Curricular Practical Training) or OPT (Optional Practical Training). Working as an independent contractor for a startup without proper work authorization could violate your visa status, which is much more serious than tax form issues. I'd recommend getting clarity on your work authorization status first, then dealing with the tax classification. Your international student office should be able to help you understand what type of work authorization you need for this arrangement, if any. Don't assume that being paid as a contractor somehow changes the work authorization requirements - the visa regulations look at the actual work being performed, not how you're classified for tax purposes.

I went through a very similar situation last year as an F-1 student working for a tech startup. You're absolutely right that the W-9 was incorrect - as a nonresident alien, you should be filing Form W-8BEN instead. Here's what I learned from my experience: First, submit the W-8BEN to your employer immediately and explain that you're a nonresident alien on F-1 status. Include a brief note that the W-9 was submitted in error. Most startups don't have experienced tax departments, so they'll likely be grateful for the clarification. Second, since you're being treated as an independent contractor, you'll need to handle quarterly estimated tax payments yourself. This is different from regular employment where taxes are withheld from each paycheck. You'll also be responsible for both portions of self-employment tax (Social Security and Medicare). Third, and this is crucial - make sure you have proper work authorization for this arrangement. Even though they're calling it an "internship," if you're being paid as a contractor, you likely need CPT (Curricular Practical Training) authorization from your school. Working without proper authorization can jeopardize your visa status, which is far more serious than tax form issues. I'd recommend talking to your international student office about work authorization first, then consult with a tax professional who understands nonresident alien tax situations. The combination of contractor classification plus F-1 status creates some unique considerations that general tax software often doesn't handle well. Feel free to ask if you have questions about any of these steps - happy to share more details about what worked for me!