I am an Indian citizen. I was in US on H1b visa and joined a company there. I was awarded some stock units of the company when I joined. After 2 years of joining, I transferred to a different team in India within the same company. I still have pending stock awards as part of the joining offer.

Now, while I was in US, I used Fidelity to open a Stock plan and Servies account in the US to get these stock awards. I have talked to Fidelity again after moving and they are opening an international stock plan account and moving my vesting there. As part of setting up this account, I have to fill out a W8-BEN form to reduce my tax withholding.

I need help filling out the Part II of the form. I have read the tax treaty article, but I still don't understand what to fill in the following areas:

  1. What should I enter in the provisions of Article and Paragraph?

  2. What is the lowest % rate can I claim in my case.

  3. What goes into "explain the conditions" part?

Can someone please help with this?

  • You might get more help on the expats stack
    – keshlam
    Feb 10 at 18:11
  • Didn't you get a tax adviser assistance as part of your relocation package? Also, why W8-BEN and not W8-ECI?
    – littleadv
    Feb 11 at 4:00


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