W-8BEN form for Indians: Complete guide to filling and filing
Every Indian who invests in US stocks, earns dividends, or receives payments from American companies needs one critical document. The W-8BEN form informs the US government that you are a foreign individual and allows you to claim lower tax rates on your US income. Without it, you lose money to unnecessary tax withholding every single year.
This guide walks you through every section of the form, shows you exactly how to fill out W-8BEN for Indians, and helps you avoid the mistakes that cost investors real money.
What is the W-8BEN form?
The W-8BEN is a one-page IRS form titled "Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)." It serves two purposes under US tax law. First, it proves you are not a US citizen or resident. Second, it lets you claim reduced tax rates under a treaty between your country and the United States.
The current version was revised in October 2021, and the IRS has issued no updates through early 2026. You can download the W-8BEN form for India investors directly from the IRS website at https://www.irs.gov/pub/irs-pdf/fw8ben.pdf. The form is always free to download.
One important detail often confuses first-time filers. You never send this form to the IRS. You submit it only to your broker, bank, or the company paying you US-source income.
Why Indian investors need the W-8BEN
When an Indian resident earns dividends from US stocks such as Apple, Microsoft, or Tesla, the US government withholds tax at source. The default withholding rate for foreign individuals is a flat 30% on all dividends and interest income.
India and the United States signed a Double Tax Avoidance Agreement (DTAA) that reduces this burden. By filing Form W-8BEN and claiming treaty benefits, Indian investors pay only 25% on dividend income, rather than 30%. That 5% saving adds up fast — on ₹1 lakh of annual dividends, you keep roughly ₹4,100 more each year.
The DTAA covers more than just dividends. Interest income from US bonds drops to 15% under Article 11. Royalty income falls to 15% under Article 12. Capital gains on US stock sales remain exempt from US tax entirely under Article 13, provided you stay outside the US for more than 183 days in the year.
You can also claim the US tax withheld as a Foreign Tax Credit on your Indian income tax return using Form 67. This prevents genuine double taxation on the same income.
Understanding how the tax implications for Indian residents investing in the US stock market work helps you plan your investments better.
Key sections of the W-8BEN form
The form contains three parts, each with a specific role.
Part I — Identification of beneficial owner covers Lines 1 through 8. This section captures your legal name, country of citizenship, permanent address in India, mailing address, US taxpayer identification number (if any), foreign tax identification number, reference number, and date of birth. The most critical field for Indians is Line 6a, where you enter your Per.
Part II — Claim of tax treaty benefits covers Lines 9 and 10. Line 9 asks for your country of residence under the treaty. Line 10 captures the specific treaty article, the withholding rate you claim, and the type of income. Skipping Part II is the single most expensive mistake Indian investors make on this form.
Part III — Certification is the signature section. You sign under penalty of perjury that everything on the form is true. Both handwritten and electronic signatures are accepted under current IRS regulations.
Step-by-step guide to filling the W-8BEN
Here is exactly what to write in each field as an Indian investor buying US stocks.
Line 1 — Name of individual: Enter your full legal name exactly as it appears on your PAN card. Use uppercase letters for clarity. Example: PRIYA ANIL DESHMUKH.
Line 2 — Country of citizenship: Write "India" in full. Never use abbreviations like "IN" or "IND."
Line 3 — Permanent residence address: Enter your complete Indian street address. Include your flat number, building name, street, city, state, and PIN code. Write "India" as the country. You cannot use a PO box on this line.
Line 4 — Mailing address: Leave this blank if your mailing address matches Line 3. Fill it in only if correspondence should be sent to a different address.
Line 5 — US taxpayer identification number: Most Indian investors leave this blank. You do not need an ITIN or SSN to claim treaty benefits on stock dividends.
Line 6a — Foreign tax identifying number (FTIN): Enter your 10-character PAN number. Example: ABCDE1234F. This field is required to claim treaty benefits.
Line 6b — FTIN not legally required: Do NOT check this box. India legally requires PAN for all taxpayers, so this checkbox does not apply to you.
Line 7 — Reference number: Leave blank unless your broker specifically requests a reference.
Line 8 — Date of birth: Use the American date format — MM-DD-YYYY. For example, write 15 August 1990 as 08-15-1990.
Line 9 — Country for treaty claim: Write "India."
Line 10 — Special rates and conditions: For stock dividends, write the article number as "10," the percentage as "25," and the income type as "Dividends." Add this statement: "The beneficial owner is a resident of India within the meaning of the India-US income tax treaty."
Part III — Signature: Sign the form, print your name, enter the current date in MM-DD-YYYY format, and write "Individual" as your capacity.
W-8BEN submission process India investors should follow
The W-8BEN submission process India investors is almost entirely digital today. You submit the form to your broker or financial institution, not directly to the IRS.
Most international broking platforms handle this during account setup. Interactive Brokers lets you complete the form electronically through its Client Portal under Settings and Tax Information. Platforms such as Vested, INDmoney, and Winvesta include the W-8BEN in their digital onboarding flow. Charles Schwab also accepts the form through its online portal.
If you are a freelancer earning from US clients, platforms like Upwork have built-in form completion tools. PayPal and Stripe also accept digital W-8BEN submissions for service income.
After you submit, most brokers take between two business days and two weeks to review and activate your treaty rate. Some platforms process it within 24 hours. You will typically receive an email confirmation once the form is approved and the reduced withholding rate takes effect.
If you invest in US stocks through a platform like Winvesta, the process becomes even simpler.
Learn more about how to invest in US stocks from India with Winvesta to see how the W-8BEN fits into the overall account opening journey.
W-8BEN validity 3 years — renewal rules you must know
Your W-8BEN stays valid from the date you sign it through the last day of the third following calendar year. The W-8BEN validity 3-year rule works like this: if you sign on 10 March 2026, your form expires on 31 December 2029. That gives you nearly four years of coverage from early signing dates.
Once the form expires, your broker must revert to the default 30% withholding rate immediately. You lose all treaty benefits until you submit a fresh form. Recovering over-withheld tax retroactively requires filing a US tax return — a complex process most investors should avoid.
Renewal is straightforward. You fill out a completely new W-8BEN and submit it through your broker's portal. There is no amendment option. Most brokers send email reminders 30 to 90 days before your form expires. Set a personal calendar reminder at least two months ahead as a backup.
One exception exists. If anything on your form changes — your address, citizenship, PAN number, or tax residency status — you must submit a new form within 30 days. Moving within India does not trigger this requirement, but moving to another country does.
W-8BEN common mistakes: Avoid these seven errors
Understanding which W-8BEN common mistakes to avoid and which strategies work best will save you money and hassle. Here are the seven most common errors Indian investors make.
Leaving Part II blank tops the list. Many investors complete Part I perfectly but skip the treaty benefit section. The form still establishes foreign status, but the broker applies 30% withholding instead of 25%. You lose 5% on every dividend payment for three full years.
Forgetting your PAN on Line 6a ranks second. Without a foreign tax identification number, your treaty claim may get rejected outright. Always double-check that your 10-character PAN appears correctly.
Checking the Line 6b box happens when investors misread the question. India mandates PAN for taxpayers, so you should never tick this checkbox. Doing so signals that your country does not require a tax ID, which is false for India.
Using the wrong form still catches people off guard. Individual investors need the one-page W-8BEN. The eight-page W-8BEN-E is only for companies and entities. The W-9 is exclusively for US persons. Filing the wrong form delays your account setup and treaty benefits.
Writing the date in Indian format creates processing errors. The form requires American format: MM-DD-YYYY. Writing 15-08-1990 instead of 08-15-1990 could cause your form to be rejected.
Using an outdated form version leads to automatic rejection. Always download the latest version directly from the IRS website. The current valid revision is October 2021.
Not renewing before expiry is the most costly long-term mistake. When your form lapses, the broker silently switches to 30% withholding. You may not notice the change until you review a dividend payment months later.
Where to download the latest W-8BEN form
The IRS hosts the official form and instructions at these permanent links. The form PDF is available at https://www.irs.gov/pub/irs-pdf/fw8ben.pdf, and the detailed instructions are at https://www.irs.gov/pub/irs-pdf/iw8ben.pdf. Both are free and always reflect the latest revision. Avoid third-party sites that may host outdated versions or charge unnecessary fees.
Your broker's website or app may also provide the form directly. However, verifying the revision date (October 2021) on any form you receive ensures you are working with the current version.
Disclaimer: The views and recommendations made above are those of individual analysts or brokerage companies, and not of Winvesta. We advise investors to check with certified experts before making any investment decisions.
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Table of Contents
Every Indian who invests in US stocks, earns dividends, or receives payments from American companies needs one critical document. The W-8BEN form informs the US government that you are a foreign individual and allows you to claim lower tax rates on your US income. Without it, you lose money to unnecessary tax withholding every single year.
This guide walks you through every section of the form, shows you exactly how to fill out W-8BEN for Indians, and helps you avoid the mistakes that cost investors real money.
What is the W-8BEN form?
The W-8BEN is a one-page IRS form titled "Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)." It serves two purposes under US tax law. First, it proves you are not a US citizen or resident. Second, it lets you claim reduced tax rates under a treaty between your country and the United States.
The current version was revised in October 2021, and the IRS has issued no updates through early 2026. You can download the W-8BEN form for India investors directly from the IRS website at https://www.irs.gov/pub/irs-pdf/fw8ben.pdf. The form is always free to download.
One important detail often confuses first-time filers. You never send this form to the IRS. You submit it only to your broker, bank, or the company paying you US-source income.
Why Indian investors need the W-8BEN
When an Indian resident earns dividends from US stocks such as Apple, Microsoft, or Tesla, the US government withholds tax at source. The default withholding rate for foreign individuals is a flat 30% on all dividends and interest income.
India and the United States signed a Double Tax Avoidance Agreement (DTAA) that reduces this burden. By filing Form W-8BEN and claiming treaty benefits, Indian investors pay only 25% on dividend income, rather than 30%. That 5% saving adds up fast — on ₹1 lakh of annual dividends, you keep roughly ₹4,100 more each year.
The DTAA covers more than just dividends. Interest income from US bonds drops to 15% under Article 11. Royalty income falls to 15% under Article 12. Capital gains on US stock sales remain exempt from US tax entirely under Article 13, provided you stay outside the US for more than 183 days in the year.
You can also claim the US tax withheld as a Foreign Tax Credit on your Indian income tax return using Form 67. This prevents genuine double taxation on the same income.
Understanding how the tax implications for Indian residents investing in the US stock market work helps you plan your investments better.
Key sections of the W-8BEN form
The form contains three parts, each with a specific role.
Part I — Identification of beneficial owner covers Lines 1 through 8. This section captures your legal name, country of citizenship, permanent address in India, mailing address, US taxpayer identification number (if any), foreign tax identification number, reference number, and date of birth. The most critical field for Indians is Line 6a, where you enter your Per.
Part II — Claim of tax treaty benefits covers Lines 9 and 10. Line 9 asks for your country of residence under the treaty. Line 10 captures the specific treaty article, the withholding rate you claim, and the type of income. Skipping Part II is the single most expensive mistake Indian investors make on this form.
Part III — Certification is the signature section. You sign under penalty of perjury that everything on the form is true. Both handwritten and electronic signatures are accepted under current IRS regulations.
Step-by-step guide to filling the W-8BEN
Here is exactly what to write in each field as an Indian investor buying US stocks.
Line 1 — Name of individual: Enter your full legal name exactly as it appears on your PAN card. Use uppercase letters for clarity. Example: PRIYA ANIL DESHMUKH.
Line 2 — Country of citizenship: Write "India" in full. Never use abbreviations like "IN" or "IND."
Line 3 — Permanent residence address: Enter your complete Indian street address. Include your flat number, building name, street, city, state, and PIN code. Write "India" as the country. You cannot use a PO box on this line.
Line 4 — Mailing address: Leave this blank if your mailing address matches Line 3. Fill it in only if correspondence should be sent to a different address.
Line 5 — US taxpayer identification number: Most Indian investors leave this blank. You do not need an ITIN or SSN to claim treaty benefits on stock dividends.
Line 6a — Foreign tax identifying number (FTIN): Enter your 10-character PAN number. Example: ABCDE1234F. This field is required to claim treaty benefits.
Line 6b — FTIN not legally required: Do NOT check this box. India legally requires PAN for all taxpayers, so this checkbox does not apply to you.
Line 7 — Reference number: Leave blank unless your broker specifically requests a reference.
Line 8 — Date of birth: Use the American date format — MM-DD-YYYY. For example, write 15 August 1990 as 08-15-1990.
Line 9 — Country for treaty claim: Write "India."
Line 10 — Special rates and conditions: For stock dividends, write the article number as "10," the percentage as "25," and the income type as "Dividends." Add this statement: "The beneficial owner is a resident of India within the meaning of the India-US income tax treaty."
Part III — Signature: Sign the form, print your name, enter the current date in MM-DD-YYYY format, and write "Individual" as your capacity.
W-8BEN submission process India investors should follow
The W-8BEN submission process India investors is almost entirely digital today. You submit the form to your broker or financial institution, not directly to the IRS.
Most international broking platforms handle this during account setup. Interactive Brokers lets you complete the form electronically through its Client Portal under Settings and Tax Information. Platforms such as Vested, INDmoney, and Winvesta include the W-8BEN in their digital onboarding flow. Charles Schwab also accepts the form through its online portal.
If you are a freelancer earning from US clients, platforms like Upwork have built-in form completion tools. PayPal and Stripe also accept digital W-8BEN submissions for service income.
After you submit, most brokers take between two business days and two weeks to review and activate your treaty rate. Some platforms process it within 24 hours. You will typically receive an email confirmation once the form is approved and the reduced withholding rate takes effect.
If you invest in US stocks through a platform like Winvesta, the process becomes even simpler.
Learn more about how to invest in US stocks from India with Winvesta to see how the W-8BEN fits into the overall account opening journey.
W-8BEN validity 3 years — renewal rules you must know
Your W-8BEN stays valid from the date you sign it through the last day of the third following calendar year. The W-8BEN validity 3-year rule works like this: if you sign on 10 March 2026, your form expires on 31 December 2029. That gives you nearly four years of coverage from early signing dates.
Once the form expires, your broker must revert to the default 30% withholding rate immediately. You lose all treaty benefits until you submit a fresh form. Recovering over-withheld tax retroactively requires filing a US tax return — a complex process most investors should avoid.
Renewal is straightforward. You fill out a completely new W-8BEN and submit it through your broker's portal. There is no amendment option. Most brokers send email reminders 30 to 90 days before your form expires. Set a personal calendar reminder at least two months ahead as a backup.
One exception exists. If anything on your form changes — your address, citizenship, PAN number, or tax residency status — you must submit a new form within 30 days. Moving within India does not trigger this requirement, but moving to another country does.
W-8BEN common mistakes: Avoid these seven errors
Understanding which W-8BEN common mistakes to avoid and which strategies work best will save you money and hassle. Here are the seven most common errors Indian investors make.
Leaving Part II blank tops the list. Many investors complete Part I perfectly but skip the treaty benefit section. The form still establishes foreign status, but the broker applies 30% withholding instead of 25%. You lose 5% on every dividend payment for three full years.
Forgetting your PAN on Line 6a ranks second. Without a foreign tax identification number, your treaty claim may get rejected outright. Always double-check that your 10-character PAN appears correctly.
Checking the Line 6b box happens when investors misread the question. India mandates PAN for taxpayers, so you should never tick this checkbox. Doing so signals that your country does not require a tax ID, which is false for India.
Using the wrong form still catches people off guard. Individual investors need the one-page W-8BEN. The eight-page W-8BEN-E is only for companies and entities. The W-9 is exclusively for US persons. Filing the wrong form delays your account setup and treaty benefits.
Writing the date in Indian format creates processing errors. The form requires American format: MM-DD-YYYY. Writing 15-08-1990 instead of 08-15-1990 could cause your form to be rejected.
Using an outdated form version leads to automatic rejection. Always download the latest version directly from the IRS website. The current valid revision is October 2021.
Not renewing before expiry is the most costly long-term mistake. When your form lapses, the broker silently switches to 30% withholding. You may not notice the change until you review a dividend payment months later.
Where to download the latest W-8BEN form
The IRS hosts the official form and instructions at these permanent links. The form PDF is available at https://www.irs.gov/pub/irs-pdf/fw8ben.pdf, and the detailed instructions are at https://www.irs.gov/pub/irs-pdf/iw8ben.pdf. Both are free and always reflect the latest revision. Avoid third-party sites that may host outdated versions or charge unnecessary fees.
Your broker's website or app may also provide the form directly. However, verifying the revision date (October 2021) on any form you receive ensures you are working with the current version.
Disclaimer: The views and recommendations made above are those of individual analysts or brokerage companies, and not of Winvesta. We advise investors to check with certified experts before making any investment decisions.
Ready to earn on every trade?
Invest in 11,000+ US stocks & ETFs
