W-9 vs W-8BEN: which form should you fill out?

Updated October 30, 2026 · 6 min read

A bank, client, platform or school has asked for a tax form and you're not sure whether it's the W-9 or the W-8BEN. The answer depends on one thing: whether you're a U.S. person for tax purposes.

The short answer

	Form W-9	Form W-8BEN
Who uses it	U.S. persons: citizens, green-card holders, and resident aliens for tax	Foreign individuals, meaning nonresident aliens for tax
What it does	Gives your taxpayer ID (SSN or ITIN) so payments can be reported to the IRS	Certifies you're foreign, and can claim a lower tax-treaty withholding rate
Who you give it to	The person or company paying you	The person or company paying you (the "withholding agent")
Sent to the IRS?	No	No

Neither form is filed with the IRS. You give it to whoever asked for it, such as a bank, client, broker or platform.

Are you a U.S. person for tax purposes?

Tax residency isn't the same as immigration status. You're generally treated as a resident alien for tax if you have a green card, or you meet the IRS's substantial presence test, which counts the days you've been in the U.S. over the current and past two years.

F-1 and J-1 students

Students on F, J, M or Q visas are usually "exempt individuals": their days in the U.S. don't count toward the substantial presence test, generally for up to 5 calendar years. During that time, most students are nonresident aliens for tax. To exclude those days, students file Form 8843 with the IRS each year.

Other visa holders

Workers on visas such as H-1B usually become resident aliens for tax once they meet the substantial presence test, and then use the W-9. Your situation can differ, for example with treaty provisions or a mid-year arrival, so check with a tax professional if you're unsure.

Common situations

U.S. citizen or green-card holder, opening a brokerage account or doing freelance work: W-9.
F-1 student in your first years in the U.S., paid by a platform or a U.S. company for non-employee income: usually W-8BEN.
Living outside the U.S. and paid by a U.S. company: W-8BEN (or W-8BEN-E if you're paid as a business, not an individual).
An employee receiving wages: you fill out a W-4 for your employer instead. Nonresident aliens claiming a tax treaty exemption on wages generally use Form 8233.

Filling the W-9

Name and business details: your name as on your tax return, and a business name if you have one.
Tax classification: most individuals check "Individual/sole proprietor".
Address where you receive tax documents.
Taxpayer ID (Part I): your SSN, or an EIN if you're paid as a business.
Sign and date (Part II) to certify the information is correct.

Filling the W-8BEN

Part I, your identity: name, country of citizenship, permanent address in your home country (not a U.S. address), mailing address, and a U.S. TIN or foreign tax ID if you have one.
Part II, tax treaty (optional): claim a reduced withholding rate if your country has a treaty with the U.S. covering that kind of income.
Part III, sign and date to certify you're not a U.S. person.

A W-8BEN generally stays valid until the end of the third calendar year after you sign it, unless your situation changes. If you become a U.S. resident for tax, give the payer a W-9 instead.

Questions

What if I fill out the wrong one?

Tell the payer and give them the correct form. Using the wrong form can mean the wrong amount of tax is withheld, or payments are reported incorrectly.

Can I sign these forms electronically?

Many payers accept electronic signatures, and some have their own online version of the form. Ask the payer if you're unsure. See how to sign a PDF without printing.

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Sources

This guide is general information to help you fill in forms, not legal, immigration or tax advice. Rules change, so check the official instructions and ask the person or office that receives your form when you're unsure. Last updated October 30, 2026.