Foreign intern in USA - filling out W-8BEN form

Question

I'm a Canadian student doing a paid internship in the United States for the summer on a J1 visa. I've set up a bank account here in the United States which has been used to successfully directly deposit my first few paychecks. I've recently received a letter from my bank asking me to "provide evidence you are a citizen or national of a foreign country to avoid further U.S. tax withholding" adding that they will "continue to apply U.S. tax withholding at a rate of 28% to all interest credited on your account(s)" until they receive the required information. They've attached a W-8BEN form, but it seems that the appropriate form would be a W-9 form since I am a resident alien individual so I am considered a "U.S. person" - is this correct?

I'm also unsure whether I should give them the W-9 form with my name and address and SSN or with the company's name and address and EIN. My company does have a W-9 form available with their information so should I send the bank that form, or should I send them the form with my own information?

Answer 1

If you're on a J1 visa, then you're not likely to be a US person. Stay on J1 visa is excluded from the days counted towards the substantial presence test, and you obviously don't qualify under the citizenship/green card test. So yes, W8-BEN is the appropriate form.

You need to give them the W8 with your information, your employer has nothing to do with it.