A US citizen (A) marries a G-4 visa holder (B) who lives in the US. They elect to treat B as a resident alien for income tax purposes so they can file a joint tax return.

After the couple have made this election, B's bank asks for a form W-8BEN. The instructions say that one condition under which someone should not file W-8BEN is

You are a U.S. citizen (even if you reside outside the United States) or other U.S. person (including a resident alien individual). Instead, use Form W-9 to document your status as a U.S. person.

Does the election mean that B should file W-9 instead?


Does the election mean that B should file W-9 instead?

No. B should continue to complete form W-8BEN. The instructions for form W-9 say

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

(formatting in original)

protected by phoog Jul 14 at 17:17

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