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Nonresident alien students, trainees, professors/teachers, and researchers using Form 8233 to claim a tax treaty withholding exemption for compensation for personal services must attach a statement to Form 8233. The format and contents of the required statements are shown in Appendix A and Appendix B in Pub. 519.
Dependent personal services include compensatory scholarship or fellowship income (defined later). Compensation for such services includes wages, salaries, fees, bonuses, commissions, and similar designations for amounts paid to an employee.
Employers must review Form 8233 and provide their information and signature in Part IVWithholding Agent Acceptance and Certification. The form must be mailed or faxed to the IRS within five days after it is approved and signed.
Any U.S. source income you receive during the year that is effectively connected with the U.S. may be subject to non-resident withholding tax equal to the top U.S. marginal tax rate. You may be able to recover any excess U.S. withholding tax when you file the annual non-resident U.S. tax return.
Complete Form 8233 for compensation you receive for dependent personal services only if you are claiming a tax treaty withholding exemption for part or all of that income.
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People also ask

Essentially, the purpose of Form 8233 is for nonresidents to avoid double taxation on their earnings. While a nonresident alien will complete the form themselves, it must be approved by the employer and also the IRS before the nonresidents can receive a reduced rate of withholding tax or exemption from withholding tax.
Unlike Form 8233, Form W-8BEN is not submitted to the IRS. The form is retained by the payer, and is presented to the IRS only in the event that the IRS questions why taxes were not withheld by the payer at the time of payment.
Which form you need to file depends on your income type. Form W-8BEN should be completed for any income that isnt deemed personal services income while an 8233 is completed to outline personal services income.

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