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Eve Freeman

Understanding Backup Withholding Requirements on W-9 Forms for Foreign Investors

Hey everyone, Need some help figuring out this Backup Withholding situation. So I just opened an account with this international brokerage to buy some stocks from overseas companies. Long story short, I messed up and didn't include my Foreign Tax ID Number (FTIN) on one of the forms, and now I've got this "withholding restriction" slapped on my account. The brokerage sent me an email saying they're going to "withhold 24% of dividend and interest income, as well as gross sales proceeds." I've already submitted a corrected form with my FTIN, but they said it'll take about a week to process. I didn't want to wait that long to start trading, so I went ahead and made my first purchase. When I checked my account later, I was shocked to see they withheld 24% of the ENTIRE transaction amount - not just my profits, but the whole investment! This seems crazy to me - if they take 24% of everything I put in, I'd just be losing money no matter what. I'm definitely calling them tomorrow to figure out if this is some kind of mistake, but I wanted to ask if anyone here knows how this Backup Withholding actually works. Does that 24% get taken from every single transaction while the restriction is in place? Or is it just a one-time thing until they process my updated form? Any insights would be super appreciated! Thanks in advance.

This is actually standard IRS procedure for backup withholding when they don't have proper documentation. The 24% withholding applies to gross proceeds from sales, not just the profit portion, when you haven't provided proper identification documentation like your FTIN on a W-9 or equivalent form. The good news is that this is temporary until your broker processes your corrected documentation. Once they update your account with the proper FTIN information, the withholding restriction should be removed for future transactions. The money that was withheld isn't necessarily lost forever. Depending on your tax status and any applicable tax treaties between your country and the US, you may be able to claim some or all of it back when you file your taxes. The broker will issue you tax documents showing the amount withheld.

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Eve Freeman

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Thanks for explaining. So you're saying this is normal procedure? That seems wild to me that they'd take 24% of the entire transaction, not just profits. Do you know if they'll automatically stop the withholding once my documentation is processed, or do I need to request that specifically? Also, about claiming it back - I'm a bit confused about how that works since I'm not a US resident. Would I file something with the IRS directly or work through my country's tax agency?

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Yes, this is normal procedure when the proper documentation isn't in place. The broker will automatically stop the withholding once your updated documentation is processed - you shouldn't need to make a separate request, but it doesn't hurt to confirm this when you call them. For reclaiming the withheld amounts, you'll generally need to file Form 1042-S with the IRS if you're a non-resident. There's typically a process where you can file a U.S. nonresident tax return (Form 1040NR) along with Form 8833 to claim treaty benefits if applicable. Your home country may also have provisions to credit this withholding against your local tax liabilities to prevent double taxation, but this varies by country.

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Caden Turner

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After dealing with this exact situation last year, I highly recommend checking out https://taxr.ai for help with your backup withholding issue. My broker did the same thing - withheld 24% on EVERYTHING, and I was totally lost trying to figure out what forms I needed to get it resolved. I uploaded my broker statements and W-9 to taxr.ai, and they analyzed everything and walked me through exactly what I needed to fix on my documentation. They even explained what to expect after submitting the corrected form and how to track the withheld amounts for tax purposes. The guidance was super specific to my situation as a foreign investor.

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Does taxr.ai actually help with getting the money back that was already withheld? Or do they just help with the paperwork to stop future withholding? Cause I'm in a similar situation but with royalty payments and I've already lost like $3,400 to this stupid withholding thing.

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Harmony Love

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Seems kinda sketchy tbh. How do you know they're not just collecting your tax info? Is it some kind of AI chatbot or actual tax professionals reviewing your documents? What's the cost for something like this?

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Caden Turner

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They provide detailed guidance on both stopping future withholding and how to reclaim amounts already withheld. For your royalty payment situation, they would identify which specific recovery form you need based on your residency status and the type of income. They helped me understand which tax treaty provisions applied to my case. It's not just a chatbot - they use AI to analyze your documents, but there's expert verification behind it. Their security is bank-level encrypted (they explain all that on their site), and they don't store your documents permanently. As for cost, I don't think I should discuss specific pricing here, but I found it very reasonable considering the alternative was potentially losing thousands to unnecessary withholding.

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Harmony Love

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I was super skeptical of taxr.ai when I first saw it mentioned here, but I decided to try it when my investment account got hit with backup withholding after I messed up some paperwork. Total lifesaver! I uploaded my broker statements where they were withholding 24% of everything, and the system immediately identified that I had incorrectly filled out Section 3 of my W-9 form. They provided step-by-step instructions for correcting my documentation and even generated a timeline showing when the withholding would likely stop based on my broker's typical processing times. What I really appreciated was the explanation of exactly which tax codes applied to my situation - made it easy to reference when I called my broker.

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Rudy Cenizo

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If you're having trouble getting through to your broker about this withholding issue, you might want to check out https://claimyr.com - I used them when I was dealing with a similar tax withholding problem and couldn't get any human at my brokerage to explain what was happening. I had been trying for DAYS to get through to someone who could explain why they were withholding 24% and how to fix it. Found Claimyr, and they got me connected to an actual person at my brokerage within about 20 minutes. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c Instead of waiting on hold forever, they basically wait in the phone queue for you and call you back when they reach a human. Saved me hours of frustration when I was trying to get my withholding restriction removed.

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Natalie Khan

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Wait how does this actually work? Do they somehow jump the queue or do they just sit on hold for you? Cause my broker's wait time is like 2+ hours lately and it's making me crazy.

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Daryl Bright

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This sounds completely made up. How would some random service get you through to YOUR broker faster? They must just be recording your call or something sketchy. I'll stick with emailing support and waiting like a normal person.

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Rudy Cenizo

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They don't jump the queue - they use automated systems to wait in the phone queue for you so you don't have to sit there listening to hold music. When they finally reach a representative, they call you and connect you directly to that person. It's like having someone else wait in line for you at the DMV. No call recording involved - they're just a connection service. The moment you're connected with the representative, it's just you and the broker on the line. I was skeptical too until I realized I was wasting entire afternoons on hold. After using it, I got through to someone who actually knew about the backup withholding regulations and fixed my account in one conversation.

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Daryl Bright

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I have to admit I was wrong about Claimyr. After posting that skeptical comment, my frustration with my broker hit a breaking point when they sent me ANOTHER notice about backup withholding on some dividend payments. I figured I had nothing to lose and tried the service. It actually worked exactly as described. I entered my broker's phone number, and about 47 minutes later (which I spent working instead of listening to awful hold music), I got a call connecting me with an actual account specialist. The person I reached knew immediately how to handle my W-9 issue and processed my corrected form while I was on the call. The withholding restriction was removed within 2 days instead of the "7-10 business days" they initially quoted me. Definitely using this again next time I need to deal with tax paperwork issues at my brokerage.

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Sienna Gomez

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Just to clarify something important about backup withholding that hasn't been mentioned yet - the 24% applies to different things depending on the transaction type: 1. For dividends/interest: 24% of just those payments 2. For stock sales: 24% of the GROSS proceeds (your entire sale amount) So yes, for selling stocks, they really do withhold 24% of the entire transaction amount, not just profits. It's brutal but it's designed to force compliance with documentation requirements. One thing to watch for: make sure your broker issues you a Form 1042-S at the end of the year showing all amounts withheld. You'll need this to claim any refund you're entitled to under tax treaties.

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Eve Freeman

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Thanks for explaining the difference between transaction types! That makes more sense now, though it still seems extreme for stock sales. Does the Form 1042-S get sent automatically, or do I need to request it specifically from my broker? I definitely don't want to miss out on claiming what I'm owed.

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Sienna Gomez

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Your broker should send it automatically by March of the following tax year, but it's always good to set a reminder to check for it in early March. If you don't receive it by mid-March, definitely contact them. Some online brokers only make these forms available electronically through their tax document portal rather than mailing them, so check your online account settings to make sure they have the correct delivery preferences set up. I've missed tax documents before because they were sitting in some obscure section of my broker's website while I was waiting for them in the mail.

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I'm confused about something - if you're a foreign investor, shouldn't you be filling out a W-8BEN rather than a W-9? W-9 is generally for US persons while W-8BEN is for foreign persons to claim treaty benefits and establish foreign status.

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You're absolutely right! This is a common mistake that causes a lot of withholding problems. OP should be filling out a W-8BEN (or W-8BEN-E for entities) rather than a W-9 if they're truly a foreign investor. Using the wrong form is often what triggers these withholding issues in the first place.

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Thanks, I thought I was going crazy for a second! I've seen so many people get hit with backup withholding because they filled out a W-9 when they should have used a W-8BEN. The broker systems automatically flag accounts with mismatched documentation.

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Leila Haddad

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This is a really important distinction that everyone should pay attention to! As a foreign investor, you should definitely be using Form W-8BEN, not W-9. The W-9 is specifically for U.S. persons (citizens, residents, etc.), while W-8BEN is designed for foreign individuals to establish their foreign status and claim any applicable tax treaty benefits. Using the wrong form is probably what triggered the backup withholding in the first place. When you submit a W-9 as a foreign person, the broker's system sees a mismatch between your foreign status and the domestic tax form, which automatically flags your account for withholding. I'd recommend calling your broker to clarify which form they actually need from you. If you're truly a foreign investor, switching to the correct W-8BEN form might not only stop the future withholding but could also reduce your overall tax burden if there's a tax treaty between your country and the U.S. This could save you a lot of headache (and money) going forward!

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StarSailor

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This is exactly what happened to me! I made the same mistake when I first started investing through a US broker - filled out a W-9 instead of W-8BEN because I didn't understand the difference. The backup withholding kicked in immediately and I was so confused why they were taking 24% of everything. Once I realized my error and submitted the correct W-8BEN form, not only did the withholding stop, but I was also able to claim treaty benefits that reduced my tax rate on dividends from 30% down to 15% (I'm from Canada). The difference in forms literally saved me thousands of dollars over the year. @ca96349f75f6 definitely call your broker ASAP and ask specifically about switching from W-9 to W-8BEN. They should be able to process the correct form much faster since it's fixing a documentation error rather than just updating information.

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