W8-BEN and change of status

Nov 23, 2008 3 Replies
E

Hello,



I'm a UK citizen. From 2002-2007 I lived in the States (2002-2004 as a student and then worked from 2004-2007)



When I first opened my US bank account as a student I filled in a W-8BEN. When I moved back home in 2007, I changed the address of my bank account to the UK and kept it open to pay bills, etc. I'm not earning any income from the US at all. I've been sent a new W-8BEN to complete - but my question is this - there is a part at the bottom which says "Affidavit of Unchanged Status" from 1/1/2005 until



12/31/08 (I guess b/c W-8's are valid for 3 years). My question is, can I sign it? I've not changed status in terms of changing from a non- resident to a resident, but I did leave the US (so I guess I'm not anything to the US). Does that matter?

Many thanks for ANY help with this!!


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J

If you worked in the U.S. from 2004 to 2007, it is likely that you were a resident of the U.S. for tax purposes during this period. As soon as you changed from nonresident status to resident status you should have notified the bank of this change in status. The bank should have been reporting the interest earned on the account to the IRS on Form 1099 during this period. Now that you have moved back to the U.K. you are again a nonresident. If you were a resident during this period and are now a nonresident, you should not sign the affidavit.

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E

Thanks for writing back - very helpful.

1 more question I forgot to write initially - there's a section called "supplement to the W-8BEN" (on the back) should I write here that I no longer live in the US and say when I left, or say anything else? The bank's instructions say that I should "provide a reasonable explanation supporting your claim of foreign status" in this section so I guess I have to write something. I did actually return to the UK to study, so I can provide proof of enrollment if necessary.

Many, many thanks.

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J

It is difficult to provide more information without seeing the full supplement. If you were indeed a U.S. tax resident from 2004 to 2007, you may want to call the bank to let them know this and ask them how to proceed.

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