Originally Posted by
Jethro
I would avoid such a confrontational approach, particularly since it's unnecessary. Remember, "payers" are typically legal morons. They don't care about OMB numbers; all they care about is "not getting in trouble". So here is what I did recently in a similar situation...
I worked a job and after its completion was presented with a "Form W-9" and told it was "very important" to fill it out "right away". However, I told the lady who gave it to me, "This is the wrong form for me. Are you aware there are many other forms besides the 'W-9'?" She replied that she's heard of other forms before, but didn't know about them, much less have any of them with her. I told her that when I returned home I would supply her with the "most appropriate" form relative to me: a modified W-8BEN. (The "stock" IRS W-8BEN is to be avoided as it's chock full of nasty, presumptuous language repugnant to the rights of We the People.)
So I later sent her the modified W-8BEN form - certificate of foreign status - and told her they will be happy with this form because this is no 1099 reporting or backup withholding required with it. I send a long an excerpt of Publication 515 highlighted with the "Tip" that "Foreign persons who provide Form TIP W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting." The modified form also included a note that as a nonresident alien, I at no time during the year engaged in a "trade or business" in the U.S. I included no SSN or tax ID number. I did not hear a single peep of protest over this form, and I will not receive a 1099 or be subject to any "reporting" from this job.
It's vitally important, though, that before using this form you have proper standing to use it. For that, you need admissible evidence of your nonresident alien (to the "U.S.") status - without that, your form W-8 could be rightly rejected. David's libel of review/evidence repository may be one approach to accomplish that, though I took a slightly different route of publicly recording my status documents, then verifying the notary, and certifying the verification with the State.