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Can I fill a W9 with opt being foreign?

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  • Can I fill a W9 with opt being foreign?

    Hi, today I worked in a short film as a freelancer and they gave me a bunch of papers to sign. Between them there was a W9. I am not a US citizen, I am on my opt and this is the first time they give me that form, in other places they just send me a check. I want to know if this is the right form i have to fill or not, since it says foreign people have to fill other one, but I dont really know. Please help me, I don't really know about taxes in United States and I don't want to do anything that jeopardize my status. I ask my school adviser, but she doesn't know for sure. Thank you so much!

  • #2
    re: Can I fill a W9 with opt being foreign?

    Form W-9 is the IRS form used by a company to request your taxpayer identification number. It is used to gather information only from US persons and business. Since you are not a US citizen, you need to fill Form W-8 documents. Forms in the W-8 series are designed to indicate how much of payments made to a foreign person or business should be withheld for US income taxes.

    It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.

    Comment


    • #3
      re: Can I fill a W9 with opt being foreign?

      I wish to inform you that IRS requires that both taxable and non-taxable payments made to non-resident aliens be reported on either Form 1042-S or Form W-2 which are mailed out to you by January 31st of every year. The only exception is if the payment is foreign source income. Form W-9 is a tax document which declares you to be a resident alien for tax purposes.

      AFF

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      • #4
        re: Can I fill a W9 with opt being foreign?

        It appears, based on your statements, you have been illegally working in the US. Apparently, you have been caught.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          re: Can I fill a W9 with opt being foreign?

          Originally posted by Lexus View Post
          Form W-9 is the IRS form used by a company to request your taxpayer identification number. It is used to gather information only from US persons and business. Since you are not a US citizen, you need to fill Form W-8 documents. Forms in the W-8 series are designed to indicate how much of payments made to a foreign person or business should be withheld for US income taxes.

          It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.
          Thank you so much, do you know what W8 form should I fill. I am legally working here.

          Comment


          • #6
            re: Can I fill a W9 with opt being foreign?

            What is your visa status?
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              re: Can I fill a W9 with opt being foreign?

              Originally posted by Disagreeable View Post
              What is your visa status?
              I am on opt, it is a work authorization you get after you finish your degree. It's an extension of your F1 visa.

              Comment


              • #8
                re: Can I fill a W9 with opt being foreign?

                Your DSO should be consulted on your proper filing format.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Originally posted by Disagreeable View Post
                  It appears, based on your statements, you have been illegally working in the US. Apparently, you have been caught.
                  What a Strong accusation, you're not only mistaken, you're also letting everybody in this forum know how ignorant and stupid are you.

                  Comment


                  • #10
                    Re: Can I fill a W9 with opt being foreign?

                    What is clear is that you are ignorant of immigration laws and of OPT guidelines. Freelancing is not part of OPT except in rare cases. OP being given an I-9 to fill out means they are likely working illegally or this would have been handled in advance. A fixed job with an approved position is.

                    Originally posted by Unregistered View Post
                    What a Strong accusation, you're not only mistaken, you're also letting everybody in this forum know how ignorant and stupid are you.
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      Re: Can I fill a W9 with opt being foreign?

                      @Disagreeable: You don't seem to know anything. Please read up on rules before making such strong statements on a public forum. Freelancing is absolutely allowed when one is on OPT. Not just one but freelancing with multiple companies is allowed. Can you please stick to the point being discussed without sounding like such a know-it-all, especially when it is clear you know nothing?

                      Comment

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