Q: Can I go to jail or face penalties If I sent by mistake a W-9 form instead of a W-8ben form?
Hi there,
I am a resident of Colombia, and I am not a resident alien in the U.S., nor have I ever lived in the U.S. However, I received a payment from a company in the U.S. for a video I made for them as a content creator. They asked me for a W-9, and I mistakenly filled it out and sent it to them. This happened in July.
This month, I managed to save some money from my work and consulted an attorney in my country to guide me through my tax situation. That’s when I realized I made a serious mistake—I should never have sent a W-9 because I am not a U.S. resident. Instead, I should have sent the W-8BEN. I discovered this error three days ago and plan to contact the company this or next week to inform them of my mistake. I also intend to send an apology letter along with the correct tax form (W-8BEN).
However, I am very worried and afraid. I don’t want to go to jail for this simple mistake. What consequences or penalties could I face by the company, IRS and US government??
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A:
Making a mistake by sending a W-9 form instead of a W-8BEN is understandable, especially if you were unaware of the difference between them. The important thing is that you realized the error and are taking steps to correct it. The U.S. tax system can be complicated, and mistakes like this are not uncommon.
Generally, sending the wrong form does not mean you will face jail time. The IRS and companies understand that errors happen, especially for non-residents who may not be familiar with U.S. tax forms. By reaching out to the company and explaining the situation, providing the correct W-8BEN form, and clarifying that you are a non-resident, you are showing a good-faith effort to resolve the issue.
The company may need to correct any tax withholding or reporting that was incorrectly done based on the W-9. It’s a good idea to act promptly and communicate clearly with the company. While you might not face severe penalties, resolving this as soon as possible is crucial to avoid any potential complications.
Terrence H Thorgaard agrees with this answer
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