# W-8, W-9, FATCA when you're back home again



## LeonPJR (Dec 25, 2017)

Hi Everyone

I am new to this forum. I hope this is OK if I ask a question through this old subject ?
Here is a quick summary of my situation

I am French
I lived in the USA from October 15 to March 17
I shall be be considered as a resident alien from January to March 17

So far, only one bank asked for a W-9 form. 

Bank 1 (3k€) : Asked for a W-9
Bank 2 (40k€) : Gave them Us address and phone number
Bank 3 (70k€, 4 owners) : This bank account is managed by my parents, therefore I didn't think of updating my personal details while I was in the USA.
Assurance Vie (10k€) : Gave them Us phone number
Life Pension (3k€): So far, I believed this was the standard French Pension. It's only recently that I realized this should have been considered as a personal financial.
PEE / PERCO (50k€) : Didn't hear from them. However, as per my recent understanding of the tax treaty, they are not requested to report PEE and PERCO

Should Bank 2 and Assurance have asked for additional details ? 

Shall I step forward and send a W-9 to all of them in order to make the 2017 Tax return right ?
Or is it OK as long as FBAR and 8938 are OK ? 

Many thanks for your advice


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## Bevdeforges (Nov 16, 2007)

Have moved you into a thread of your own because this is a slightly different issue from the one under discussion in the original thread.

I'm assuming here that you mean that you lived in the US from October 2015 to March 2017 (i.e. rather than from October 15th of last year to March 17 this year).

But in any event, the W-9 information is the responsibility of the financial institution to obtain and maintain on file. The W-9 or any other form does NOT get submitted to the IRS at any point. 

For the bank that asked for a W-9, you should fill it out and send it back to the bank. You may want to include a note to the effect that your resident alien status ended as of whatever date. (Assuming you have surrendered your green card under the proper procedures.) Unless you are currently a resident alien, they really don't need a W-9 on you.

As for the other banks/financial institutions, it's up to them to ask you for whatever information they want from you. Primarily, they are interested in your tax status (i.e. are you a US taxpayer) and if so, what is your US SSN. Past that, it's all "cover your butt" questions (for the bank).

For any of the institutions where you gave them a US address or phone number while you were in the US, you should notify them that you have returned and make sure they have your current contact information.

What many banks seem to be doing here in France is to send out a request for information that includes asking you what tax jurisdictions you are subject to - i.e. where are you considered "tax resident" - though this is not an annual query, so if any of your banks ask you that, you may want to make sure they are aware of when your resident alien status ends.

But, basically, you only have to respond to their requests for information. You are not expected to give them any information they have not asked for.
Cheers,
Bev


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## LeonPJR (Dec 25, 2017)

Many thanks Bev


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## Nononymous (Jul 12, 2011)

A bit late to this thread. I would think that if you are no longer a resident of the US, and have given up the green card, then you only file W8s with the bank - you want no FATCA reporting, nor do you want any difficulties with possible account closure due to your being considered a US person. I would make it very clear to the banks that you no longer live in the US, they should delete any US addresses or phone numbers on file, and you can't give them a W9 because it no longer applies. Also avoid giving them your SSN.

I don't think the bank/FATCA issue has any bearing on how you file your final US tax return for 2017.


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## LeonPJR (Dec 25, 2017)

Hi everyone, I must say that I am quite confused with my situation 

I meet the SPT in 2017
I was under Visa E-2 (no greencard)
I moved back home (France) in April 2017
I have no intention to come back to US

One of my bank sent me a self-certification assesment. This was to be fullfil as of my situation in December 31, 2017

My first understanding was that I am a US non resident from March 2017, therefore, as of December 31 2017, not a us tax resident and not a US specified person.

Is my understanding right ?
Does the fact of being resident first part of the year change this ?
Finally, I now understand that I can be treated either as a full year resident or dual-status. But I don’t know which one yet ..

What shall I indicate?


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## Bevdeforges (Nov 16, 2007)

I'd assume that you're no longer resident for tax purposes. The banks have to report on bank accounts as of Dec. 31st so that is the status that they are interested in. Unless you have zillions of $ in your bank accounts, it's a good-faith response.
Cheers,
Bev


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