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Not only does IRS Form 8833 need to be attached to your tax year for every year in which a treaty provision applies to your circumstance, a separate Form 8833 is required for each treaty-based return position you are eligible for.
For income that is not earned from personal services, the payee files Form W-8BEN. For income earned from personal services, the payee files Form 8233.
If youve hired an NRA who would like to claim a tax treaty exemption, they must fill out Form 8233. NRA employees must provide a Taxpayer Identification Number (TIN) on the form, which in most cases, is a Social Security number (SSN).
Not only does IRS Form 8833 need to be attached to your tax year for every year in which a treaty provision applies to your circumstance, a separate Form 8833 is required for each treaty-based return position you are eligible for.
Required Withholding Form(s) Compensatory scholarship or fellowship income is considered to be dependent personal services income. Therefore, complete Form 8233 for this income if you are claiming a tax treaty withholding exemption for part or all of that income.
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Give Form W-8 BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding. Submit Form W-8 BEN when requested by the withholding agent or payer whether or not you are claiming a reduced rate of, or exemption from, withholding.
If you live in a foreign country that has a tax treaty with the US, you may need to file IRS Form 8833 along with your tax returns every year. Find out more about Form 8833, instructions on how to file, and how this form might save you money in taxes when living in a foreign country.
▶ Go to .irs.gov/Form8233 for instructions and the latest information. ▶ See separate instructions. Who Should Use This Form? Note: For definitions of terms used in this section and detailed instructions on required withholding forms for each type of income, see Definitions in the instructions.
Form 8233 is used for honorariums if tax treaty exemption applies for Independent Personal Services. To determine if tax treaty applies, refer to Tax Treaties for Independent Contractors and Scholarships.
This form is used by non resident alien individuals to claim exemption from withholding on compensation for personal services because of an income tax treaty or the personal exemption amount.

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