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California online Form Instructions W-8BEN: What You Should Know
S. Resident nonresident alien or a U.S. citizen nonresident alien who holds a position with a U.S. multinational corporation (whether an employee, principal, director, or agent) and whose primary residence is in the United States, regardless of where that corporation's principal place of business is located, must file a U.S. tax return using Form 1040X, Form 1040A, Form 1040 or Form 1040NR. • Form W-8BEN: Certificate of Foreign Status must be completed by a foreign person. • A foreign person is a U.S. citizen, a U.S. resident alien, a resident alien of the United Kingdom, a nonresident alien of Canada, or a resident alien of Israel (see question number 18). If a foreign person is listed as such on Form W-8 (with any dependent child listed on Form W-8A) and an exception applies for a foreign person's own filing, that foreign person also is required to file and is considered the foreign person's dependent. • An eligible parent (such as a U.S. citizen who is an adoptive parent and has filed a joint federal tax return with their foreign parent) is an eligible person as defined below. If you are an eligible person (as defined above) and need to fill out Form W-8BEN, please refer to “Where to File.” Form W-8BEN (certificate of Foreign Status of Beneficial Owner for United States Tax Withholding) must be submitted by a nonresident alien individual with a U.S. taxable income (not including certain foreign service income), who meets the requirements of a Form W-8BEN. The U.S. resident's primary residence should be located in the United States and the U.S. resident's tax home should be in the United States. The U.S. resident has a Form W-8BEN-E. Who Must File a U.S. Federal Tax Return. A U.S. resident foreign person must file a U.S. federal tax return using Form 1040X or 1040A, if it is a U.S. person and is not an individual subject to a foreign earned income exclusion. A nonresident alien individual who is not a U.S. resident alien filing any U.S. federal tax return or who is a nonresident alien who files a joint tax return with a U.S.
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