Spouse was given W9 to fill by the bank, it says "I certify under penalty for law, I am a US citizen or other US person"

[New display name 2]

She received her Conditional permanent residence in 2021, we filed removal of conditions in 2023, removal of conditions is currently pending, can she she sign this form? Will it be considered claim of citizenship? 

[Family 3,483]

Yes, she can sign. 
 

The definition of “other person” is on back of the form and is specifically for LPR
https://www.irs.gov/pub/irs-pdf/fw9.pdf

[New display name 2]

12 minutes ago, Family said:

Yes, she can sign. 
 

The definition of “other person” is on back of the form and is specifically for LPR
https://www.irs.gov/pub/irs-pdf/fw9.pdf

 

So a green card holder i. e. Someone who has permanent residence is considered US person and US resident alien for this form ? 

[Dashinka 23,251]

1 hour ago, New display name said:

 

So a green card holder i. e. Someone who has permanent residence is considered US person and US resident alien for this form ? 

Yes. I know, two federal agencies using different nomenclature.  So helpful.

[Carpe Vinum 2,310]

My wife had to sign one as a permanent resident when she opened an account in Philippines on a return trip there. It is fine.

[Demise 1,096]

7 hours ago, New display name said:

She received her Conditional permanent residence in 2021, we filed removal of conditions in 2023, removal of conditions is currently pending, can she she sign this form? Will it be considered claim of citizenship? 

No. "US Person" means solely from the tax law perspective and that includes permanent residents and then everyone else that has lived more than enough days in US to be considered a resident for taxation, pretty much in order to be considered a "non-resident alien" and get to skip on taxes you have to essentially come and go very infrequently.

 

So yeah, she can sign it without any issues, she's claiming to be "or US person" so there's no false claim of citizenship going on here.

Edited March 23 by Demise

[PVR Bound 128]

8 hours ago, Demise said:

No. "US Person" means solely from the tax law perspective and that includes permanent residents and then everyone else that has lived more than enough days in US to be considered a resident for taxation, pretty much in order to be considered a "non-resident alien" and get to skip on taxes you have to essentially come and go very infrequently.

 

So yeah, she can sign it without any issues, she's claiming to be "or US person" so there's no false claim of citizenship going on here.

This...

 

https://ofac.treasury.gov/faqs/11#:~:text=U.S. persons must comply with,entities and their foreign branches.

 

Before being a LPR, I was here on a visa and thus considered a US person when completing my confirmation of agreement to adhere to US policies when dealing sanction countries.