Employer forces to file W-8BEN

[Zigner]

So the same questions are still there:
Can they force me to file the wrong form?

Yes...well, kind of. They can't force you. You can always refuse, and then they can refuse to have you do work for them.

That is force me to file W-8EN, when according to IRS instructions I must file W-9?

Yep - and I told you how you can handle it.

Do I have to provide any of these forms to paying company?

Nope - they can simply refuse to have you work for them.

This is, of course, assuming that you are truly an independent contractor. However, I suspect that you are not truly an independent contractor, so neither form would be appropriate.

 

[stridder]

It doesn't matter what they say, it matters what your duties are. You don't have to be specific enough to identify yourself, are you an officer clerk? A shop floor worker? A programmer? Etc.

alright, I will do research for them

 

[Zigner]

https://www.irs.gov/newsroom/employee-or-independent-contractor-know-the-rules

That site should help guide you in finding out if you should be classified as an employee or an independent contractor.

 

[stridder]

Yes...well, kind of. They can't force you. You can always refuse, and then they can refuse to have you do work for them.
Yep - and I told you how you can handle it.
Nope - they can simply refuse to have you work for them.

This is, of course, assuming that you are truly an independent contractor. However, I suspect that you are not truly an independent contractor, so neither form would be appropriate.

I haven't seen the papers yet, don't know myself. I don't think they can simply refuse.
I am not refusing to provide tax form, but I think it should be up to me which form to provide.
Its my signature required on these W forms.
There's also a statement on both W forms 'Under penalties of perjury, I certify that' etc.
And the statement are completely different on W-8 and W-9.
Isn't there a law that regulates such issues?
I mean they are basically forcing me to make FALSE tax related statements .

 

[stridder]

https://www.irs.gov/newsroom/employee-or-independent-contractor-know-the-rules

That site should help guide you in finding out if you should be classified as an employee or an independent contractor.

Will read this, thank you for help!

 

[stridder]

Have read documents from 'employer'.
Not gonna be employee nor contractor. its just a stipend
Seems like no paperwork either

 

[Zigner]

Have read documents from 'employer'.
Not gonna be employee nor contractor. its just a stipend
Seems like no paperwork either

That still doesn't make sense. Review the link that I gave you and the links contained in there.

 

[stridder]

That still doesn't make sense. Review the link that I gave you and the links contained in there.

Why not?
Lots of people that say go to college receive stipends. They are not hired, nor contractors.
I did check that page.
According to that page I'm gonna be somewhere in between employee and independent contractor.
I will not be really independent, but there's no way I could use that info.
Their documents clearly says I will not be employee nor even provide personal services.
Basically will be a random person that receives stipend according to documents.

 

[stridder]

Somebody please direct me to any legal documents that regulate W8 and W9 forms?
Especially those that specify right it is to choose the form
Thanks

 

[stridder]

or if there's any penalty for refusing to accept a form?

 

[Zigner]

Just mail the form in. You're wayyyyy overthinking this.

ETA: The "penalty" is that they will withhold a certain percentage from what they pay you. You can get that back at the end of the year through your tax filing.

 

[stridder]

Just mail the form in. You're wayyyyy overthinking this.

ETA: The "penalty" is that they will withhold a certain percentage from what they pay you. You can get that back at the end of the year through your tax filing.

I mean penalty for payer, not for me.
I am pretty sure such a practice of forcing people into signing papers with false information should be illegal.
This is the advise I am looking here.
How to prove they are doing illegal thing or possibly they violate some IRS policies?
I don't think I am overthinking it.
By submitting W-8EN one certify that he/she is non-resident, which is not true in my case.

 

[stridder]

Just mail the form in. You're wayyyyy overthinking this.

ETA: The "penalty" is that they will withhold a certain percentage from what they pay you. You can get that back at the end of the year through your tax filing.

Mailing the form might work, thanks!

 

[Zigner]

What US state are you in? If you are in the US, what is your status?