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I am an Indian citizen and I am employed in India. I have never been US resident or employed in US. I have received listed and unlisted both type of equities from my employers. For selling the both type of equities, I need to fill W8 to avoid double taxation.

I looked at https://www.irs.gov/pub/irs-trty/india.pdf but not sure which article applies in these situation and what would be % rate withholding. If there are few options, which one would be more beneficial for me in economical sense

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  • Are you resident in the US, or have you been recently? Or were you recently employed in the US?
    – DJClayworth
    Oct 25, 2022 at 19:30
  • No. Updated the question as well
    – ondway
    Oct 26, 2022 at 8:51
  • Why do you think you owe US tax?
    – DJClayworth
    Oct 26, 2022 at 12:21
  • this stocks are listed in US exchange. When I sell, broker like etrade want me to fill W8 BEN
    – ondway
    Oct 27, 2022 at 9:00

1 Answer 1

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The W8-BEN form is not primarily about double taxation. The broker is using the form to have you certify that you are not liable for US tax. If you do not fill in this form your broker may be forced to deduct tax, or at least report the income to the IRS. If you certify that you are not a US taxpayer then they do not have to. Just fill in the form with all the appropriate answers.

I assume you are concerned about Question 10, which asks about double taxation. Since you are not a US taxpayer it is not applicable to you. Leave it blank.

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