I forgot to give payroll Form 8233 early enough, so they withheld tax. Can I still claim the treaty benefit on my return?
This looks like a timing problem more than a legal one. I may have qualified for treaty relief on personal services compensation, but I did not get Form 8233 to payroll in time, so the withholding happened anyway. I want to know whether that means the treaty benefit is gone for the year or whether the failure only affected withholding at source.
If the benefit can still be claimed on the return, I want to know that before I assume the payroll timing error permanently cost me the treaty result. The key for me is separating withholding mechanics from the underlying treaty position.
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