NRA, 28% backup withholding, help needed

I am a non-resident alien, living and working in Italy for the local branch of a US company, and I exercised some stocks options that my US company gave me.The stocks were on a US online account. Unfortunately the online bank mis-processed my W-8BEN, therefore I got the default 28% backup withholding. I contacted IRS and they told me that I have to file the following docs:

- 1042-NR

- W-7 (to get the ITIN)

- provide certified copy of the passport

- 1042-S

My questions are:

1) Is the 1042-S coming from the online bank? 2) By when will I get this document? Should I explicitly ask for it, or is it automatically sent to me?

Note: stocks have been exercised in Nov 2006. I have no other income from US. I am not involved in any US business. Thanks a lot in advance, Stefano

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Reply to
stevels70
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I presume you mean the 1040NR, not 1042NR

The 1042-S should be coming from the Bank. Please note that when the IRS says certified copy of your passport, they mean US certified. You need to see a US Notary Public or one of the IRS agents who are approved to handle the work of getting an ITIN. The easiest way is to book an appointment at your local US Embassy to meet with the US Notary Public. Fee is usually $35USD, never local currency.

I would have a few words to your bank about the mis-processing of the W8-BEN form.

Moderator: The notarization costing $350 USD raises an interesting an interesting question. US notaries are licensed by State and, to the best of my knowledge, cannot work out-of-state. Can a US CPA living abroad act as a notary for this purpose?

Reply to
parrisbraeside

snip

I think the $35 US is a standard fee, set by the State Department. Embassy personnel are not notarys but all Consular officers are authorized to certify documents. A consular stamp will be accepted by courts, etc. in all states, etc. I don't know about other embassies but, here in Bangkok, the embassy does accept local currency. As far as I know, the rule is that notaries are only supposed to work in the state that commissioned them. Thus, no US notary can certify documents outside the US. Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans

Reply to
L K Williams

Yes, sorry, I meant 1040NR

Is there a deadline date for the bank to send the paper? I will be in US end of January, so if I have all the papers with me I can probably go to an IRS office and get face-to-face help for filling in the forms.

Yes, I contacted the local embassy and they will certify it for me (and for 35 dollars :-) )

Indeed, it was a sum of mistakes. I should have filed it before exercising the stocks, since it seems that the previous one expired, and the bank has no obligation to notify this event, they say...

Reply to
stevels70

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