Answered July 2026

If you are a U.S. tax nonresident and your Fidelity cash is in the FDIC program‑bank sweep with no U.S.‑business connection, you owe no federal withholding tax and file no annual IRS form just for that interest—you give Fidelity Form W‑8BEN instead.

“I am a non-resident with an ITIN. Do I need to pay withholding tax on the interest earned in my US Fidelity bank account, and if so, what form do I need to submit to the IRS annually?”

Summary

Your ITIN does not by itself make the interest taxable. Once you identify whether your Fidelity cash is a program‑bank deposit or a money‑market fund, the correct form path is clear.

Your answer turns on what Fidelity actually holds as your cash and whether the income is connected with a U.S. business.

FDIC program-bank depositno tax

If your cash is in Fidelity’s and the interest is not , IRC 871(i)(1)–(2) imposes no federal tax and 26 CFR 1.1441-1(b)(4)(ii) exempts it from withholding. Give Fidelity Form W-8BEN to certify foreign status; do not send that form to the IRS, and do not file Form 1040-NR solely for this exempt interest [1], [2], [3], [4].

SPAXX or another money-market fundcheck income type

A money-market fund is not a bank account, so its payment is not automatically protected as deposit interest. Under IRC 871(k)(1), any portion the fund reports in writing as an is exempt; another U.S.-source fund dividend that is is generally subject to 30% withholding or a lower treaty rate. Form W-8BEN goes to Fidelity, Fidelity reports the income and withholding on Form 1042-S, and you need Form 1040-NR only if tax was not fully withheld, you seek a refund, or another filing trigger applies [5], [6], [7], [4].

Interest connected with a U.S. businessannual return

If the interest is , IRC 871(i)’s exclusion does not apply. Give Fidelity Form W-8ECI—not W-8BEN for that income—and file Form 1040-NR annually; the Form W-8ECI itself says anyone submitting it must file an annual U.S. income-tax return for the claimed business-connected income [1], [8], [4].

Your country of tax residence is also needed only to determine any treaty rate and whether Fidelity must issue an information form; it does not remove the federal deposit-interest exemption in IRC 871(i).

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Watch out for

An ITIN does not prove nonresident statusAn ITIN is only a federal tax identifier. You are a only if you do not meet the green-card or substantial-presence test; if you meet either test, resident-alien rules apply instead (IRS ITIN guidance) [9].
A Fidelity account may not be a bank depositFidelity says its Cash Management Account is a brokerage account with two possible cash positions: the FDIC‑Insured Deposit Sweep and SPAXX, a money‑market fund. IRC 871(i) protects qualifying program‑bank deposit interest, but a fund distribution follows the separate dividend rules in IRC 871(k) [5], [1], [6].
The business‑income exception changes everythingThe IRC 871(i) deposit‑interest exemption applies only when the interest is not . If it is connected with your U.S. trade or business, use Form W‑8ECI with Fidelity and report it annually on Form 1040‑NR [1], [8].
W‑8BEN is not annualGive Form W‑8BEN to Fidelity—not the IRS—before payment or when Fidelity requests it. It generally lasts through the last day of the third calendar year after signing, but you must notify Fidelity and replace it within 30 days if its information becomes incorrect [3].
Form 1042‑S can show tax‑exempt interestFidelity may issue Form 1042‑S for at least $10 of deposit interest if your tax‑residence country is on the IRS reporting list, or Fidelity may elect to report all such interest. Income code 29 with chapter 3 exemption code 02 means reporting—not that federal withholding tax is due [10].

Next steps

These steps identify the income correctly, prevent unnecessary withholding, and show whether you have any annual filing duty.

First

Identify your Fidelity cash position

Determine whether the position is “FDIC-Insured Deposit Sweep” or “SPAXX – Fidelity Government Money Market Fund.” Fidelity expressly offers those as different core choices: the sweep places cash in interest-bearing program-bank accounts, while SPAXX is a money-market fund and not a bank account [5].

Requirements

The Fidelity record naming your
Any Form 1042-S or other Fidelity tax document for the year

Before income is paid or when Fidelity requests it

Submit Form W-8BEN to Fidelity

Use Fidelity’s foreign-status certification page at https://www.fidelity.com/customer-service/how-to-update-foreign-status and select W-8BEN for an individual. Submit it to Fidelity, not the IRS. It normally remains valid until December 31 of the third calendar year after signing unless a change makes it incorrect; after such a change, notify Fidelity and submit a replacement within 30 days [3].

Requirements

Legal name and country of citizenship
Permanent residence address
Existing ITIN on line 5 if required
Foreign tax-identification number on line 6a, or the form’s line 6b certification if one is not legally required
Treaty country and article only if claiming a treaty rate

For the deposit-sweep branch

Treat qualifying deposit interest as exempt

Do not pay federal NRA withholding or file Form 1040-NR solely for this interest. If Fidelity issues Form 1042-S with income code 29 and chapter 3 exemption code 02, keep it as the payer’s information statement; you do not submit Form 1042-S yourself. If Fidelity withheld tax from this exempt interest, use Form 1040-NR to claim the available refund [1], [2], [10], [4].

Requirements

FDIC-Insured Deposit Sweep position
Interest is not

For SPAXX or another fund

Apply the money-market distribution rules

The part reported by the fund as an is exempt under IRC 871(k). Other U.S.-source is generally withheld at 30% or a lower treaty rate. If you are not engaged in a U.S. trade or business and withholding fully satisfied the tax, the 1040‑NR instructions say no return is required for that income alone; file Form 1040‑NR if withholding was insufficient or you are claiming a refund [6], [7], [4].

Requirements

Fidelity Form 1042-S
The fund’s written tax designation for the distribution
Your tax-residence country for any treaty rate

Only for the U.S.-business branch

Use W-8ECI and file Form 1040-NR if the interest is ECI

Give Form W-8ECI to Fidelity and report the income annually on Form 1040-NR. For a calendar-year return, the general deadline is April 15 if you received employee wages subject to U.S. withholding, otherwise June 15 (for 2025, April 15 or June 15, 2026) [8], [11].

Requirements

Existing ITIN
Form W-8ECI sent to Fidelity
Income and expense records for the U.S. trade or business

Others who faced this

You are not the first to go through this. Here is how it went for others who asked the same thing.

W8-BEN & W-7 Exception 1(d) question!

u/jojo_inthestarsr/taxFeb 16, 2026

Hi! I have a joint account with my parents in a US bank. The amount is currently in a Certificate of Deposit which has a good interest rate. We are all individuals non-US citizens or residents, and our country has a tax treaty with the US. We've completed the W8-BEN forms for each person, filled out Part I (Lines 1,2,3,4,6,8), Part II (Lines 9 & 10 with the relevant info), Part III signed & dated. We've also received the 1099s. But, I'm VERY confused in regards to whether interest income is subject to tax and withholding for NRAs or is it exempt for this type of income. Which is it? Is th

Legal sources

This answer rests on Internal Revenue Code section 871, Treasury regulations, IRS form instructions and guidance, and Fidelity’s own account disclosures.

26 USC 871(i)

Qualifying U.S. deposit interest is excluded from an NRA’s federal tax when it is not connected with a U.S. trade or business.

26 USC 871(i)

871(i)(1)–(2)(A)

No tax shall be imposed under paragraph (1)(A) or (1)(C) of subsection (a) on any amount described in paragraph (2). Interest on deposits, if such interest is not effectively connected with the conduct of a trade or business within the United States.

Read the full text

26 CFR 1.1441-1

The regulation exempts qualifying U.S. bank-deposit interest from NRA withholding while allowing documentation for reporting and backup-withholding purposes.

26 CFR 1.1441-1

1.1441-1(b)(4)(ii)

Bank deposit interest and similar types of deposit interest (including original issue discount) described in section 871(i)(2)(A) or 881(d) that are from sources within the United States are exempt from withholding under section 1441(a). See section 1441(c)(10). Documentation establishing foreign status is not required for purposes of this withholding exemption but may have to be furnished for purposes of the information reporting provisions of section 6049 and backup withholding under section 3406.

Read the full text

Instructions for Form W-8BEN (Rev. October 2021)

W‑8BEN is given to Fidelity, normally lasts three succeeding calendar years, and must be replaced promptly after an invalidating change.

Instructions for Form W-8BEN (Rev. October 2021)

pages 3–4, Giving Form W-8BEN; Expiration; Change in circumstances

Do not send Form W-8BEN to the IRS. Instead, give it to the person who is requesting it from you. Generally, a Form W-8BEN will remain in effect for purposes of establishing foreign status for a period starting on the date the form is signed and ending on the last day of the third succeeding calendar year, unless a change in circumstances makes any information on the form incorrect. If a change in circumstances makes any information on the Form W-8BEN you have submitted incorrect, you must notify the withholding agent, payer, or FFI with which you hold an account within 30 days of the change in circumstances and you must file a new Form W-8BEN or other appropriate form.

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Instructions for Form 1040-NR (2025)

1040‑NR is required for non‑business U.S. income only when withholding did not fully satisfy the tax; qualifying bank interest is excluded from taxable interest.

Instructions for Form 1040-NR (2025)

pages 7–8 and 19, Filing Requirements; Simplified Procedure; Line 2b

You must also file Form 1040-NR if you are a nonresident alien not engaged in a trade or business in the United States during 2025 and you have U.S. source income that is not effectively connected with the conduct of a U.S. trade or business on which the tax was not fully satisfied by the withholding of tax at the source. Don’t include on line 2b interest from a U.S. bank, savings and loan association, credit union, or similar institution (or from certain deposits with U.S. insurance companies) that is exempt from tax under a tax treaty or under section 871(i) because the interest isn’t effectively connected with a U.S. trade or business. You’re filing Form 1040-NR solely to claim a refund of U.S. tax withheld at the source under chapter 3 or tax withheld under chapter 4 (FATCA).

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Fidelity Cash Management Account disclosure

Fidelity confirms its Cash Management Account is a brokerage account and distinguishes its program‑bank sweep from a money‑market fund.

Fidelity Cash Management Account disclosure

Cash Management Account details and FAQs

The Fidelity Cash Management Account is not a bank account. It is a brokerage account that allows you to spend, save, and invest. The FDIC-insured Deposit Sweep program option sweeps your uninvested cash into an FDIC-insured interest-bearing account at one or more program banks.

Read the full text

26 USC 871(k)(1)

A fund distribution is exempt as an interest‑related dividend only to the extent the regulated investment company reports it that way.

26 USC 871(k)(1)

871(k)(1)(A), (C)(i)

Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest-related dividend received from a regulated investment company which meets the requirements of section 852(a) for the taxable year with respect to which the dividend is paid. Except as provided in clause (ii), an interest related dividend is any dividend, or part thereof, which is reported by the company as an interest related dividend in written statements furnished to its shareholders.

Read the full text

IRS Taxation of Nonresident Aliens

Ordinary non‑business U.S.‑source FDAP is generally 30% or a treaty rate, while ECI goes on Form 1040‑NR.

IRS Taxation of Nonresident Aliens

FDAP income; Effectively Connected Income

FDAP income is taxed at a flat 30 percent (or lower treaty rate, if qualify) and no deductions are allowed against such income. Effectively Connected Income should be reported on page one of Form 1040-NR, U.S. Nonresident Alien Income Tax Return.

Read the full text

Form W-8ECI (Rev. October 2021)

W‑8ECI goes to Fidelity and creates an annual U.S. return obligation for the income claimed as ECI.

Form W-8ECI (Rev. October 2021)

page 1

Give this form to the withholding agent or payer. Note: Persons submitting this form must file an annual U.S. income tax return to report income claimed to be effectively connected with a U.S. trade or business.

Read the full text

IRS ITIN Guidance

Tax residency depends on statutory tests, not on having an ITIN.

IRS ITIN Guidance

Determining tax residency; What an ITIN is used for

An ITIN is issued by the IRS for federal tax purposes only. Nonresident alien – If you don’t meet either the green card or substantial presence test for resident alien status.

Read the full text

Instructions for Form 1042-S (2026)

Withholding agents may need to report exempt deposit interest on Form 1042‑S even though no chapter 3 tax is withheld.

Instructions for Form 1042-S (2026)

Amounts Subject to Reporting on Form 1042-S—Interest on deposits paid to certain nonresident aliens

Withholding agents must report certain interest described in section 871(i)(2)(A) aggregating $10 or more paid with respect to a deposit maintained at an office within the United States if such interest is paid to a nonresident alien individual who is a resident of a country identified in Rev. Proc. 2024-42, 2024-52 I.R.B. 1433, available at IRS.gov/irb/2024-52_IRB (or any superseding revenue procedure that is effective as of January 1, 2026). A payer may elect to report interest described above paid to any nonresident alien individual by reporting all such interest. When completing Form 1042-S, use income code 29 in box 1 and exemption code 02 in box 3a for chapter 3 purposes, and the applicable chapter 4 exemption code in box 4a (see the instructions for boxes 3a and 4a, later).

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IRS Publication 519 (2025 returns)

Provides the general 1040‑NR due dates depending on whether you had employee wages subject to U.S. withholding.

IRS Publication 519 (2025 returns)

page 77, Answers to Frequently Asked Questions

If you are an employee and you receive wages subject to U.S. income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. If you file for the 2025 calendar year, your return is due April 15, 2026. If you are not an employee who receives wages subject to U.S. income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. For the 2025 calendar year, file your return by June 15, 2026.

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These are the official federal rules as published on the cited dates; tax rules and form instructions can change.

This is general information about official tax processes, not legal or tax advice, and SettleKit is not a law firm.

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