# W-8BEN confusion



## kelstar (Sep 19, 2013)

Hey all, 

I'm a US/UK duel citizen living as a student in Belgium (as a UK citizen). I have a joint bank account with my girlfriend (who is french) and was asked by the bank to fill out a W-8BEN and I have no idea what to do with it, or if it even applies to me. I was told I have to fill it out because my place of birth is in the US. I have no income from work, but my girlfriend does, I guess I'm worried that she might somehow get taxed for income that has nothing to do with the states. Should I be worried and how should I fill it out?

thanks!


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## BBCWatcher (Dec 28, 2012)

No, you are a U.S. citizen and should not be filling out a W-8BEN. You should fill out a W-9.

The U.S. does not tax bank account balances. However, as a U.S. citizen you are subject to a couple requirements: income tax (potentially), financial account reporting (FBAR/FATCA), and (if a young male) Selective Service registration. If the total value of your foreign accounts at any moment in time is US$10,000 or greater, including joint accounts and other accounts over which you have signature authority, you will need to file an annual FBAR, for example.

Your girlfriend is not subject to U.S. tax -- relax. She's not a U.S. citizen, she's not living in the U.S., and she presumably isn't receiving U.S. source income. You, however, may be required to file a FBAR that includes that joint account if you meet the threshold. There is no tax liability associated with that -- it's just a report. (There are penalties for nonfiling if required to file or for filing false reports.) If reporting joint accounts to the U.S. government bothers you or your girlfriend, then don't have joint accounts. However, you already have a joint account ("what's past is past"). If you have to file you have to file -- water under the bridge.


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