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Old 11-25-2008, 07:36 PM
jmail7@andrewmitchel.com
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Default Re: W8-BEN and change of status

On Nov 24, 2:02*pm, Elski <lse...[at]gmail.com> wrote:
- quote -

> 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.


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.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 11-24-2008, 06:02 PM
Elski
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Default Re: W8-BEN and change of status

On Nov 24, 4:20 pm, jma...[at]andrewmitchel.com wrote:
- quote -

> On Nov 23, 5:08 pm, Elski <lse...[at]gmail.com> wrote:
> > 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?

> 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.



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.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 11-24-2008, 03:20 PM
jmail7@andrewmitchel.com
Guest
 
Posts: n/a
Default Re: W8-BEN and change of status

On Nov 23, 5:08*pm, Elski <lse...[at]gmail.com> wrote:
- quote -

> 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?


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.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 11-23-2008, 09:08 PM
Elski
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Posts: n/a
Default W8-BEN and change of status

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!!

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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change, status, w8ben
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