Instructions For Form 8233 - Exemption From Withholding On Compensation For Independent (And Certain Dependent) Personal Service Of A Nonresident Alien Individual Page 5

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Line 10
consecutive tax year. All expired ITINs
immediately prior to, your entry into the
must be renewed before being used on
United States.
Nonresident alien students, trainees,
a U.S. tax return.
Line 6
professors/teachers, and researchers
ITINs issued before January 1, 2013
using Form 8233 to claim a tax treaty
Enter your U.S. visa type. For example,
will begin to expire if the individual to
withholding exemption for
foreign students are usually granted an
whom the ITIN was issued does not file
compensation for personal services
“F-1” visa. Foreign professors, teachers,
a tax return (or is not included as a
must attach to Form 8233 a statement.
or researchers are usually granted a
dependent on the tax return of another
The format and contents of the required
“J-1” visa. Business/vocational trainees
taxpayer) for three consecutive tax
statements are shown in Appendix A
are usually granted an “M-1” visa;
years. Regardless, all ITINs issued
and Appendix B in Pub. 519.
however, some persons granted a “J-1”
before 2008 will expire on January 1,
visa also may be considered business/
Part II
2017, starting with ITIN numbers that
vocational trainees (for example, a
have middle digits of 78 and 79 (for
person admitted to complete a
Line 11a
example, 9XX-78-XXXX). ITINs issued
postgraduate residency in medicine).
in 2008 will expire on January 1, 2018,
For compensation for independent
ITINs issued in 2009 and 2010 will
personal services, examples of
If you do not have, or do not require,
expire on January 1, 2019, and ITINs
acceptable descriptions to enter on this
a visa, write “None.”
issued in 2011 and 2012 will expire on
line include: “Consulting contract to
Spouses and dependents
January 1, 2020.
design software” or “give three lectures
admitted on secondary visas
!
at XYZ University.”
For more information, go to
(for example, “F-2,” “J-2,” “H-4,”
CAUTION
For compensation for dependent
and “O-3” visas) usually are not eligible
faqs.
personal services, examples of
to claim the same treaty benefits as the
Line 3
acceptable descriptions to enter on this
primary visa holder.
line include:
If your country of residence for tax
A nonresident alien student can enter
Line 8
purposes has issued you a tax
“part-time library assistant,” “part-time
identifying number, enter it here. For
In most cases, you are required to enter
restaurant worker,” or “teaching one
example, if you are a resident of
your date of entry into the United States
chemistry course per semester to
Canada, enter your Social Insurance
that pertains to your current
undergraduate students.”
Number.
nonimmigrant status. For example,
A nonresident alien professor or
enter the date of arrival shown on your
Line 4
teacher can enter “teaching at ABC
current Immigration Form I-94,
University.”
Your permanent residence address is
Arrival-Departure Record.
A nonresident alien researcher can
the address in the country where you
Exception. If you are claiming a tax
enter “research at ABC University's
claim to be a resident for purposes of
treaty benefit that is determined by
school for liquid crystal research.”
that country's income tax. If you are
reference to more than one date of
A nonresident alien business/
completing Form 8233 to claim a tax
arrival, enter the earlier date of arrival.
vocational trainee can enter
treaty withholding exemption, you must
For example, you are currently claiming
“neurosurgical residency at ABC
determine your residency in the manner
treaty benefits (as a teacher or a
Hospital” or “one-year internship in
required by the treaty. Do not show the
researcher) under article 15 of the tax
hydraulic engineering at XYZ
address of a financial institution, a post
treaty between the United States and
Corporation.”
office box, or an address used solely for
Norway. You previously claimed treaty
mailing purposes. If you are an
Line 11b
benefits (as a student) under article
individual who does not have a tax
Enter the total amount of compensation
16(1) of that treaty. Under article 16(4)
residence in any country, your
for personal services you will receive
of that treaty, the combination of
permanent residence is where you
from this withholding agent during the
exemptions under articles 15 and 16(1)
normally reside.
tax year. Enter an estimated amount if
cannot extend beyond 5 tax years from
Most tax treaties that provide for a
you do not know the exact amount.
the date you entered the United States.
tax treaty withholding exemption require
If article 16(4) of that treaty applies,
Line 12a
that the recipient be a resident of the
enter on line 8 the date you entered the
Enter the specific treaty and article on
treaty country at the time of, or
United States as a student.
which you are basing your claim for
immediately prior to, entry into the
Line 9a
exemption from withholding (for
United States. Thus, in most cases, a
example, “U.S.-Germany tax treaty,
Enter your current nonimmigrant status.
student or researcher can claim the
Article 20(4)” or “U.S.-Belgium tax
For example, enter your current
withholding exemption even if he or she
treaty, Article 7 (business profits)”).
nonimmigrant status shown on your
no longer has a permanent address in
current Immigration Form I-94.
the treaty country after entry into the
If you are a resident of a country that
United States. If this is the case, you
Line 9b
has a provision in its permanent
can provide a U.S. address on line 4
establishment article, such as the
Enter the date your current
and still be eligible for the withholding
provision in Article 5(9) of the
nonimmigrant status expires. For
exemption if all other conditions
U.S.-Canada treaty, and you perform
example, you can enter the date of
required by the tax treaty are met. You
personal services in the U.S., enter the
expiration shown on your current
also must identify on line 12a and/or
treaty and article if you claim that you
Immigration Form I-94. Enter “DS” on
line 13b the tax treaty country of which
are not covered by that provision.
line 9b if the date of expiration is based
you were a resident at the time of, or
on “duration of status.”
-4-
Instructions for Form 8233 (Rev. 10-2016)

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