What happens if you have an expired W-8BEN and you sell U.S. shares as a Non‑Resident? can you reclaim tax?
- Just Breve
- Jul 8
- 2 min read
Expired W-8BEN reclaim U.S. tax
If you’re a non‑U.S. resident who has filed a W‑8BEN to claim reduced U.S. withholding tax rates, it’s important to know that the form doesn’t last forever. Once it expires, your brokerage is required to withhold tax at the full 30% rate — instead of the treaty-reduced rate (often 15% or lower) that you may have been eligible for.
This situation can come as a surprise. Imagine selling U.S. stocks — like Nvidia— and unexpectedly seeing a 30% withholding on your profits, just because your W‑8BEN expired. Fortunately, there’s a solution.
How Does the W‑8BEN Work?
The W‑8BEN certifies that you are a non‑resident of the U.S. and allows you to benefit from any applicable tax treaty.
It remains valid until the end of the third calendar year from when it was signed.
After that, unless you submit a new form, U.S. financial institutions must withhold tax at the full 30% rate.
If tax has already been withheld at 30% due to an expired W‑8BEN, you can still claim a refund — by filing a U.S. non‑resident tax return (Form 1040‑NR).
How JustBreve Can Help
JustBreve.com is a UK-based Certifying Acceptance Agent (CAA) authorised by the IRS. They specialise in helping non‑U.S. persons:
Renew W‑8BEN forms and obtain or renew ITINs.
File Form 1040‑NR to reclaim overpaid U.S. tax on investment income, including share sales.
Issue a Certificate of Accuracy (COA) to support your ITIN application.
Whether you've sold shares or received dividends with excess withholding, JustBreve can take the stress out of reclaiming what’s rightfully yours.
What Clients Say About JustBreve
"Pav is the most responsive professional I have ever worked with. If you need an ITIN acceptance agent that will get the job done effectively, efficiently and with excellent communication, then go to Pav at Just Breve."– Matt B, London (Google Review)
"Parvinder’s professional approach was efficient, friendly and effective. I would have absolutely no hesitation in recommending her and the company. First class."– Blanca M, Manchester
"Pav’s calm and well-informed approach made a complicated bureaucratic process as simple and practical as possible."– Rolan L, Omagh
What to Do if Your W‑8BEN Has Expired
Renew your W‑8BEN (and ITIN if necessary) to ensure lower withholding on future payments.
Gather documentation showing that 30% was withheld (e.g. brokerage statements).
File a U.S. tax return (Form 1040‑NR) to request a refund of the excess withholding.
Contact JustBreve to guide you through the process from start to finish.
Why Choose JustBreve?
Contracted with IRS to assist with ITINs.
Assist with W‑8BEN-related matters.
Proven track record with tax reclaim cases, including over-withholding due to expired forms.
Personal, efficient service with consistently high client satisfaction.
Ready to Get Your U.S. Tax Back?
Visit www.justbreve.com or call 0208 1444 632 to book a consultation. Whether it’s an expired W‑8BEN, a missing or new ITIN, or U.S. tax reclaim paperwork, JustBreve is here to help.
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