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Employer forces to file W-8BEN

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Zigner

Senior Member, Non-Attorney
Possibly, but this could only be cleared only in discussion.
No, it can't, since those links aren't allowed.

I don't care about how much money they with withhold.
Like you mentioned I could get it back when I file return.
I just don't want to submit any papers with false statements, cause it may have consequences I may not even aware of.
I wan't be even able to obtain the right papers from the payer if I submit wrong tax form.
And my return for next year will be inconsistent.
Circular conversations are unproductive.
 


Zigner

Senior Member, Non-Attorney
Please look at the W-8BEN form prior to giving such advises. It already have a number of statements which are false in my case.

Since you refuse to answer our questions, there is really nothing more we can tell you that you haven't already been told.
 

stridder

Junior Member
Tell us which ones and maybe we can help.

For example in part 3 of W-8BEN:
'Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that:

The person named on line 1 of this form is not a U.S. person,'

The last line is false for me. The whole W-8BEN form is just not for my case (my case simply not listed under 'who must file' in the instruction).
 

LdiJ

Senior Member
My question is how to enforce for the constitutional and civil rights b/c they are obviously violated here?

Everyone who works for anyone in the US is require to file out a tax form. That might be a W4, a W9 or a W8-BEN. It is NOT illegal or unconstitutional for you to be required to fill out one of those forms. It IS possible that your future potential employer is wrong about which form they need from you and how they should classify you.

However, I cannot give you advice about how to make a proper argument to your potential employer because you refuse to answer my questions. So, please move on to somewhere else because we cannot help you further without the information you refuse to provide.
 

stridder

Junior Member
Everyone who works for anyone in the US is require to file out a tax form. That might be a W4, a W9 or a W8-BEN.

Proof?
Can you point us to any law that says this?
BTW their terms says that I am not working for them. They cannot even be withholding agent b/c there's NO employer-employee relationship.
Its like if a random person comes to you and demands to fill some forms:)


It is NOT illegal or unconstitutional for you to be required to fill out one of those forms. It IS possible that your future potential employer is wrong about which form they need from you and how they should classify you.

They are NOT my employer.
I am pretty sure they know very well what they are doing. They demand all those W8/9 etc forms so that they don't have to bother with determining employee tax status b/c there's IRS instruction that requires it.

However, I cannot give you advice about how to make a proper argument to your potential employer because you refuse to answer my questions. So, please move on to somewhere else because we cannot help you further without the information you refuse to provide.

Alright
 
Last edited:

esztervtx

Member
Proof?
Can you point us to any law that says this?
BTW their terms says that I am not working for them. They cannot even be withholding agent b/c there's NO employer-employee relationship.
Its like if a random person comes to you and demands to fill some forms:)




They are NOT my employer.
I am pretty sure they know very well what they are doing. They demand all those W8/9 etc forms so that they don't have to bother with determining employee tax status b/c there's IRS instruction that requires it.



Alright
Not a random person, they're paying you money...
 

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