Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

I arrived in the US in June 2016 (still here) on a J-2

Customer Question
status and have been issued...
I arrived in the US in June 2016 (still here) on a J-2 status and have been issued an SSN after obtaining employment authorization from USCIS/DHS. My employer offers RSUs and Employee Stock Plan, administered through E*TRADE. Recently, I was asked to submit my tax status certification using either Form W-8BEN or W-9. I think I should do W-8BEN but just want to confirm.
Submitted: 1 year ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 13 minutes by:
7/30/2017
Tax Professional: Lev, Tax Advisor replied 1 year ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,333
Experience: Taxes, Immigration, Labor Relations
Verified

We need to verify if you are a resident alien OR a nonresident alien for tax purposes.

Generally - if you are living and working in the US - you are classified as a resident alien because of teh physical presence test and should use form W9.

But in some circumstances - based on your visa or other issues - you might be considered as a nonresident alien.

See pages 5-6

https://www.irs.gov/pub/irs-pdf/p519.pdf

Exempt individual. Do not count days for which you are an exempt individual. The term “exempt individual” does not refer to someone exempt from U.S. tax, but to anyone in the fol-lowing categories.

-- A teacher or trainee temporarily present in the United States under a “J” or “Q” visa, who substantially complies with the requirements of the visa.

.

Teachers and trainees. A teacher or trainee is an individual, other than a student, who is temporarily in the United States under a “J” or “Q” visa and substantially complies with the requirements of that visa. You are consid-red to have substantially complied with the visa requirements if you have not engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your visa status.
Also included are immediate family mem-bers of exempt teachers and trainees. See the definition of immediate family, earlier, under Foreign government-related individuals.
You will not be an exempt individual as a teacher or trainee in 2016 if you were exempt as a teacher, trainee, or student for any part of 2 of the 6 preceding calendar years. However, you will be an exempt individual if all of the fol-lowing conditions are met.
You were exempt as a teacher, trainee, or student for any part of 3 (or fewer) of the 6 preceding calendar years,
A foreign employer paid all of your com-pensation during 2016,
You were present in the United States as a teacher or trainee in any of the 6 prior years, and A foreign employer paid all of your compensation during each of the preceding 6 years you were present in the United States as a teacher or trainee.A foreign employer includes an office or place of business of an American entity in a foreign country or a U.S. possession.
If you qualify to exclude days of presence as a teacher or trainee, you must file a fully completed Form 8843 with the IRS

.

So - if all these conditions are satisfied - you are a nonresident alien and - in this case - you are correct to use form W8BEN.

Ask Your Own Tax Question
Tax Professional: Barbara, Enrolled Agent replied 1 year ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,665
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

Welcome to Just Answer. I just received notification that you have requested a new expert/professional. My name is ***** ***** I will be happy to assist you.

You are correct.

As a J-2 visa holder, you are exempt from counting days for 2016 and 2017 for the substantial presence test. As you are considered as a nonresident, you will complete Form W8-BEN.

My points of reference are:

https://www.irs.gov/individuals/international-taxpayers/alien-residency-examples

https://ttlc.intuit.com/questions/3165935-i-have-a-j2-visa-and-i-just-move-to-the-us-my-wife-j1-is-a-resident-alien-am-i-resident-alien-or-non-resident-alien-for-tax-purposes

Please let me know if I can assist you further.

Thank you and best regards,

Barb

Ask Your Own Tax Question
Tax Professional: Barbara, Enrolled Agent replied 1 year ago

Just following up with you to see if you have any other questions. If so, please let me know so I can further assist you.

Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barbara Your Own Question
Barbara
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,665
6,665 Satisfied Customers
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.

Barbara is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
< I am on F1 visa and have stayed for more than 180days in
Hi Pearl< I am on F1 visa and have stayed for more than 180days in US during the last year. Should I fill w-8BEN form or w9 form … read more
Barbara
Barbara
Enrolled Agent
6,665 satisfied customers
I have a tax relation question. I am in USA on L1 visa since
Hi, I have a tax relation question. I am in USA on L1 visa since Mar 2016 and a tax payer from then. I have purchases some shares and recently i came across the requirement to provide status certifica… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I have US LLC Disregarded Entity and I'm sole member and
Hello,I have US LLC Disregarded Entity and I'm sole member and resident and citizen NOT of US(never been). My LLC has a US bank account and a US Debit Card. I have a US address as the official registe… read more
Barbara
Barbara
Enrolled Agent
6,665 satisfied customers
I am a Canadian citizen, and I run a new corporation that is
I am a Canadian citizen, and I run a new corporation that is doing business within the United States … read more
Barbara
Barbara
Enrolled Agent
6,665 satisfied customers
I would like to know if I can have an SSN without the need
Hi there! I would like to know if I can have an SSN without the need to work in US. I need to accept payment in an ecommerce business … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
565 satisfied customers
I'm a non-resident alien for tax purposes (graduated student
Hello! I'm a non-resident alien for tax purposes (graduated student on F-1 OPT. Presented in the US for less than 5 years). Should I file W-8BEN or W-9? Thanks! … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I'm an international Student on F-1 Visa I currently live in
Hi, I'm an international Student on F-1 Visa I currently live in an apartment near my college. I have a vacation home two hours away from me and thought I could make some passive income. I made an Air… read more
Mike-USACPA
Mike-USACPA
9 satisfied customers
I manage and collect rent on a California rental property
I manage and collect rent on a California rental property for a resident of Korea. The owner is not a U.S. resident. Since I collect the rent, am I the withholding agent? If so must I give the foreign… read more
jgordosea
jgordosea
Enrolled Agent
Bachelor's Degree
2,885 satisfied customers
I want to hire an intern as a half-time employee but am unsure
I want to hire an intern as a half-time employee but am unsure how to do the withholding. He is here on an F-1 visa and has permission to work for my company. Please advise -… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
Lev, I am an F1 student on OPT, employed by a private company.
Lev, I am an F1 student on OPT, employed by a private company. I am eligible to exempt from FICA tax. What form shall I file along with W4, I9, to prove my F1 STATUS and that I don't have to pay & Med… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
hi,I am applying to create an iTunes music publisher
hi, I'm applying to iTunes music publisher account and the application asked for a US tax ID. it should be either SSN/ITIN or EIN. I have the below questions please: 1- we are applying as a foreign (N… read more
Barbara
Barbara
Enrolled Agent
6,665 satisfied customers
Hi Lev, I recently moved to US with an L-1 visa. I already
Hi Lev, I recently moved to US with an L-1 visa. I already obtained my SSN. My bank required me to fill up any of these two forms: W-8BEN or W-9 but I can't understand which one should I submit to the… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
How can I find out if a contractor used a fake social security
How can I find out if a contractor used a fake social security number on a w-9 form. He used a fake name so I'm assuming he used a fake Ss #… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
My family and I are arriving in the US on E3 Visas. I am the
My family and I are arriving in the US on E3 Visas. I am the E3 Visa holder, and my husband and 2 children are E3d Visa holders. My husband will be competing in professional golf tournaments in the US… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
hi an international student on F1 visa gets a job at the housing
hi an international student on F1 visa gets a job at the housing department, which is on campus and a contractor to the college, and he has spent just 1 and a half years in the united states....1. wha… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
As an american citizen living in France for over 16 years (and
As an american citizen living in France for over 16 years (and also a french citizen), I have been participating in our company's Employee Stock Purchase Plan (ESPP) for several years thru E*TRADE. (I… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
how do I claim my philippine wife on my taxes she ...
how do I claim my philippine wife on my taxes ? she doesn't have a social security number yet.we are still in the process of her becoming a permanent resident. she arrived on a fiance visa last May.We… read more
Lev
Lev
Tax Advisor
33,333 satisfied customers
What are the differences between tax resale forms?
What is the difference between the following a tax except certificate, resale certificate, and a W-9 request for taxpayer id # certificate?… read more
T. R. Miller, The SunTaxMan
T. R. Miller, The SunTaxMan
Accountant, Tour Bus Driver (Retired)
three years college
126 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x