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Form 8233 Renton Washington: What You Should Know
Form 8233 has been revised from version R1 to version R2. Exemption from withholding on compensation for independent (and certain dependent) personal services of a non-resident alien individual. Exemptions. You may make an election to: 1. Claim a tax treaty withholding exemption under the treaty. Example. U.S. resident individual X is living in Canada. He gives personal services to a U.S. individual Y. Y is a non-resident alien employee of U.S. company A. Y files U.S. Form W-8BEN and is withholding U.S. tax on the compensation Y provides. To claim this tax treaty exemption for Y, X must have a tax treaty or have an employment relationship with Y. (You may also claim an exemption for an alien on behalf of a U.S. taxpayer if there is an applicable exemption from withholding under a U.S. tax treaty. See paragraphs (d)(1) and (c) of this instruction.) 2. Claim an exemption for a foreign entity from withholding tax on compensation for independent (and certain dependent) personal services of its employees. Example. U.S. company Y, which in the preceding example Y does not know, employs foreign entity Z. Y and Z do not qualify for a treaty exemption because Z is a U.S. entity that is not a qualified alien individual or corporation under the law of the U.S. on a regular basis. However, by claiming and claiming a tax treaty exemption on behalf of Z, Z may be exempted from providing compensation directly to Y or withholding from the compensation Y is required to pay. Y and Z each would have to file an individual income tax return or claim tax treaty withholding exemption on Form 1040 or Form 1040A to claim the exemption. If X files a Form 1040NR, Y should attach a copy of Form 8233 for Y and Form 1040 for Y. (If X files a Form 1040NR-E and fails to attach the required information, you should attach a copy of Form 8233 and Form 1040A for X and the form of the tax treaty.) For information about filing an individual income tax return, see chapter 7 of Publication 943, U.S. Individual Income Tax, and IRS Publication 519, Tax Treaty Withholding, and Publication 519A, Foreign Income Taxation.
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