Help needed with W-8BEN: Affidavit of unchanged status - it's complicated

[#1]

Hi all.

I've had a dormant Upwork account since 2021/22. In July 2022 I relocated from South Africa to the USA on a dependent's visa (H4), which meant I was prohibited from working while in the US. In February this year, I moved to New Zealand, where I am now a tax resident according to their requirements, and have a work visa and am looking for work via Upwork. So, from the middle of 2022 to the end of January 2024, I was a tax resident in the US.

My question is, how do I sign the affidavit of unchanged status? This is the text (note 2nd paragraph):

"Under penalties of perjury, I declare that I have examined and signed the Form W-8BEN, Form W-8BEN-E, etc and the information and certifications contained therein have remained the same and have remained unchanged throughout calendar year January 1, 2022 through the date on this form and were true, correct and complete for this year.

If these facts and certifications do not apply to you, or if you have general questions about this unchanged status affidavit, please reach out to customer support ."

I have been wracking my brain and searching on Upwork for an answer, but find nothing. Please help.

Thank you in anticipation.

[#2]

Hi Rustum,

We saw your post in the community and converted it into a support ticket to give it the attention it deserves. Rest assured that one of our agents will be reaching out to you.

[#3]

Thank you, Joanne.

[#4]

I have still not recieved any advice on this. 😞

[#5]

Hi Rustum,

We're sorry if you were not able to check the email from the team. We want to confirm that the team initially responded when we escalated the case. You can check the ticket here. 

[#6]

Hi Joanne,

I am totally confused by the different sites that appear both linked to, yet independent from, the main Upwork site. The upshot is that, indeed, I had no idea there was a ticket or a response until you provided a link in your message above. Neither did I recieve an email to notify me of any ticket or response.

I have now looked at Jobeth's response and despite their assertion that they will shed light on the matter, I remain in the dark: Here is Jobeth's advice:

"I understand that you have concerns about signing the "Affidavit of Unchanged Status". Please allow me to shed light on the matter.
Please be informed that if the change in tax status does not involve changing location to the US, then you may proceed with the signing of the "Affidavit of Unchanged Status"."

This is not clear to me. I repeat my problem:

I've had a dormant Upwork account since 2021/22. In July 2022 I relocated from South Africa to the USA on a dependent's visa (H4), which meant I was prohibited from working while in the US. In February this year, I moved to New Zealand, where I am now a tax resident according to their requirements, and have a work visa and am looking for work via Upwork. So, from the middle of 2022 to the end of January 2024, I was a tax resident in the US.

In short:

1. My tax status vis-a-vis the USA *has changed*;

2. There is no option providecd for my changed tax status or for a situation like mine.

Please, I beg the team to resolve this with a definitive answer, as I desperately need to start earning money on UpWork.

[#7]

Hi Rustum,

Apologies for any confusion caused. I have reviewed the support request you mentioned, and our team member has confirmed that if the change in tax status does not involve relocating from a foreign country to the United States, you are indeed able to proceed with signing the "Affidavit of Unchanged Status". You need to update your tax details for your current country to proceed. Feel free to message us if you have further questions. 

- Pradeep

[#8]

Hi Pradeep, thanks for the response.

My case involves the exact opposite:

1. I was resident in the USA from July 2022 to 31 January 2024.

2. I moved *from* the US *to* another country in February 2024.

3. I had an ITIN in the US.

4. My tax status has changed.

5. The affidavit asks that I confirm - under penalty of perjury - that my tax status has not changed.

Naturally, I do not want to get into trouble with the IRS, and therefore I seek clarity. So far, all responses appear to have misunderstood my conundrum, assuming I'm talking about moving *to* the US.

Can someone help, please?

[#9]

Hi Rustum,

We’ve escalated your community post to a new support ticket. One of our agents will be in touch with you soon to assist.