Keep the election, certificate and return separate
The section 871(d) election requires a statement attached to Form 1040-NR or an amended return; it continues unless revoked. Form W-8ECI instead documents qualifying effectively connected income to the payer or withholding agent, not to the IRS as the election. Neither replaces the annual return nor makes income tax-free, and late filing can jeopardise deductions. If you need a US taxpayer number but cannot obtain a Social Security number, Form W-7 is the ITIN application. An ITIN serves tax administration only: neither it nor property ownership grants immigration status, work rights or Social Security benefits.

