W-8BEN, W-8BEN-E or W-9: which form should you file?
Three IRS forms, three populations: non-US individuals, entities, and US persons — dual nationals included. The thirty-second decision, each form's effect on the 30% withholding, and the two most expensive mix-ups.
Data reviewed on 8 min read
Three IRS forms look alike enough to be confused — and differ enough for the wrong choice to be expensive: the W-9, the W-8BEN and the W-8BEN-E. All three answer the same question your broker asks ("who are you, tax-wise, in relation to the United States?"), but they address three different populations. Here is how to choose in thirty seconds, what each one triggers on your US dividends, and the two traps that come up again and again.
The thirty-second decision
- You are a "US person" — a US citizen (dual nationals included), a green-card holder or a US tax resident: W-9, whatever country you live in.
- You are an individual, not a US person, investing in your own name: W-8BEN — the case of the vast majority of this site's readers.
- The account belongs to a company, holding structure or other non-US entity: W-8BEN-E, the "entities" version, markedly heavier.
| W-9 | W-8BEN | W-8BEN-E | |
|---|---|---|---|
| Who it is for | US persons (citizens, green cards, US residents) | Non-US individuals | Non-US companies and entities |
| Length | 1 page | 1 page | 8 pages, ~30 possible statuses |
| Effect on dividend withholding | No withholding at source; income reported to the IRS (1099) | 15% instead of 30% (FR-US treaty) | Treaty rate according to the entity's status |
| Validity | No expiry (unless circumstances change) | End of the 3rd calendar year after signature | End of the 3rd calendar year after signature |
| Our fixed fee | — (not a service we provide) | €49 | €129 |
W-9: the form for US persons — including reluctant ones
The W-9 claims no treaty benefit: it certifies that you are a US taxpayer, transmits your US tax number, and triggers the reporting of your income to the IRS. The trap worth stating: US citizenship alone is enough. A French-American dual national living in Paris, or an "accidental American" born in the US, must file a W-9 — not a W-8BEN. Signing a W-8BEN while being a US person is a false certification, with real consequences. If that is your situation, our service is not for you: your subject belongs with a lawyer specialised in US taxation, and we would rather tell you here than bill you for nothing.
W-8BEN: the form that cuts withholding from 30% to 15%
This is the standard case for a French individual investor: the W-8BEN certifies to your broker that you are not a US person and that you reside in a treaty country. The immediate result: US withholding on your dividends drops from the default 30% to the 15% treaty rate — from the very next payment, with nothing to claim back. It expires at the end of the 3rd calendar year after signature, silently. Our line-by-line tutorial lets you complete it on your own; the free checker tells you whether yours is still valid.
W-8BEN-E: the same idea, for entities — and eight pages
As soon as the securities account belongs to a legal person — a family company, a holding structure, an investment vehicle — the W-8BEN no longer fits: it is the W-8BEN-E. Same principle (certify non-US status and claim the treaty), but the exercise changes scale: eight pages, some thirty possible chapter 4 (FATCA) statuses, and an entity classification on which the applied rate depends. One wrongly ticked box and the paying institution withholds 30% out of caution. It is the only one of the three forms where we plainly advise against DIY without prior experience — our fixed fee is €129, classification questionnaire included.
The two most expensive mix-ups
- Signing a W-8BEN while being a US person. The dual-national and accidental-American case: a US passport mandates the W-9, even after a lifetime in France. A W-8BEN signed "for simplicity" is a false certification under US law.
- Filing a W-8BEN on behalf of a company. A property company, family holding or wealth-management vehicle is not an individual: the W-8BEN-E applies, classification included. A W-8BEN "in the manager's name" on a corporate account is a classic of the rejected form.
Your questions about choosing the form
My broker had me fill in a questionnaire at account opening: which form did I sign?
With most online brokers, the opening questionnaire serves as a W-8BEN for a non-US individual. Check your online tax documents: the words "W-8BEN" and a signature date usually appear there. When in doubt, the rate applied to your last US dividend settles it: 15% means a valid W-8BEN is on file, 30% means it is missing or expired.
I am a French-American dual national: can I still recover foreign withholding?
On non-US dividends (Switzerland, Germany…), your residence country's treaties keep applying: that side remains open. On US dividends, however, your US-person status changes the whole framework (W-9, US taxation) — a subject we do not handle and which deserves specialised advice.
Does the W-9 expire like the W-8BEN?
No: the W-9 remains valid as long as the information on it is accurate. The three-calendar-year rule only concerns the W-8 family. A notable comfort difference — though it does not make US-person status any more advantageous on a dividend portfolio.
Does my company have to redo its W-8BEN-E every three years too?
Yes: the same validity rule as the W-8BEN — end of the third calendar year after signature, or immediately upon a change in circumstances (registered office, status, classification). The expiry checker therefore applies to W-8BEN-E forms as well.
Free, no account — your exact expiry date in ten seconds.