San Jose, CA asked in Tax Law for New York

Q: My bank sent me a letter that My W-8BEN forum was rejected, I was requested to fill a W-9 form, How should I reply?

My W-8BEN forum was rejected because it was incomplete (no non-U.S. foreign Tax Identification Number was provided on line 6, I was requested to fill a W-9 form in order to comply with US regulatory tax withholding and information reporting requirements.

I AM a Non-US citizens & Non-Green Card holders ( I spend less than 120 day in the US each calendar year ) I don’t have any US income except interest below $9 a month from my New York bank account.

I live & work as a Business woman in a foreign country (not in US) in other words my tax home is in a foreign country not the US, thus I don’t believe I should file a W-9 form but form 1042-S , Du to interest generated from my US bank account below $9 a month.

A note:

I provided my US bank with a copy of my foreign Entity Address & ITIN number as proof of foreign address (my Entity has no presence in US nor dose it do any Business in the US & No US income)

What should I tell my bank , Should I fill & include form 1042-S?

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1 Lawyer Answer

A: The amount of money involved ($9 per month) is way too small to be of interest to most lawyers--especially those of us here on Justia giving away their valuable time helping people solve real problems. (FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex.")

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