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Form 8233 online DE: What You Should Know

A nonresident alien individual must use this form for most types of compensation paid for (a) independent personal services (which are considered personal services) and are not included in the definition of personal services under IRC § 162(m); and (b) services performed solely by an individual, provided that the mayor is a taxpayer and the individual is (1) a U.S. person who does not owe any foreign income tax or a withholding tax; or (2) a corporation that receives a nonresident alien individual for services provided solely by the individual, but only if the mayor is a U.S. person and the individual provides the services to the corporation for no consideration; and (c) services performed, when performing the services, wholly outside the United States; and (d) services performed, wholly outside the United States, for a related person (defined below) that are not paid for (a) directly by the related person, (b) by, through, or under a trust controlled by the related person, (c) directly by a corporation controlled by the related person; or (d) directly by another covered person who is an individual. An individual who is required to file a U.S. individual income tax return under section 613 must use Form 8233 to determine whether the individual is entitled to exemption from any information reporting requirement. The Form 8233, however, is not intended to be used by individuals who are not subject to IRC § 613 for income tax reporting. If you are using this form to determine the alien's exemption from withholding on compensation, you should consult either your tax advisor or an attorney if you do not know whether such individual is required to file a U.S. individual income tax return under section 613 or an exemption (i.e. tax benefits) under IRC § 6121 to determine the correct form to use. If you are using this form to file an income tax return, you should also consult either your tax advisor or an attorney if you believe that information from the Form 8233 may create a U.S. tax liability. The 8233 will not show on Form 8233 information that is included on a Form 1041, 1045, or 1040NR.

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