e3geek

So I opened a bank account with chase when I came here because that is where my company direct deposits my salary.

They now have sent me a letter asking for W9 or W8BEN. According to the letter I should fill in W9 if I am a resident alien otherwise a W8BEN. The bank staff told me I should fill in W8BEN because I do not qualify as a resident alien because I have been here for only a month. However I believe I am a resident alien because I work here and paying taxes so I should fill in W9. I think the bank staff is getting it wrong, correct?

Cook_County

What visa do you have?

e3geek

I am on E3 which is a work visa like H1 and I am here for more than a month now.

Cook_County

I'd vote for a W-9 as you are likely to be a resident alien; even though it will take another 5 months to get to the 183 days of presence...

e3geek

That is what I filled for citibank as well. But the lady here gave me a W8BEN and I think she is wrong.

Owen778

I'm pretty sure you need a W9, and the banking staff are wrong. If you're on US payroll, it's extremely rare that you'd not be a US tax resident. Bank staff can't be expected to be tax specialists, but this is pretty basic.

HartleyHare

Exactly the same thing happened with us, with Chase, when we moved over in June last year. Chase asked us to fill out the W8BEN even though we suspected (via this forum) that this would be incorrect. Chase were insistent so we completed it and as sure as day follows night it got bounced back to us. We then submitted the W9 and never heard anything more.

e3geek

I just walked into a another branch and handed them the W9. Asking their help is useless.

Steve_

The bank isn't in a position to know what form you need to file because it depends on your intent as you are in a non-immigrant status.

If you intend to stay in the US for more than 183 days then you are a "resident alien" for tax purposes, so file W-9. But for all they know you might want to stay less time than that, or you could be claiming a tax treaty benefit that allows you to stay non-resident for tax purposes for longer. Only you know the answer to the question.

ChocolateBabz

What a timely post as we were just sent a letter from the bank requesting one of these forms, their instructions were quite helpful. We are resident aliens and are sending back W-9’s.