Canadian artist needed to complete Form 8233 for US workshop payment - is this normal?
I recently ran a small art workshop for what I think is a non-profit in the US and they paid me $250 for my time. I'm based in Canada and thought everything was good, but now they're asking me to fill out this Form 8233 which looks pretty complicated and requires all these explanations and justifications. I had already sent them a W-8BEN form thinking that would cover my bases, but they told me it's not sufficient and I need this other form instead. The whole thing seems a bit excessive for such a small payment. I've done plenty of other small gigs for US organizations before and usually the W-8BEN is all they need. Is this normal procedure for such a tiny amount? Has anyone else had to deal with this as a Canadian working with US organizations?
18 comments


Freya Andersen
You're running into the difference between "independent contractor" income versus "personal services" income. The W-8BEN is for passive income like royalties or dividends, while Form 8233 is specifically for personal services performed in the US by a non-resident alien. Since you physically went to the US to conduct the workshop, they're correctly asking for Form 8233. This form allows you to claim exemption from US tax withholding under the US-Canada tax treaty. Without this form, they would technically be required to withhold 30% of your payment for US taxes. While it might seem excessive for $250, organizations (especially non-profits) are usually very careful about tax documentation because they get audited. The IRS expects proper documentation regardless of the amount.
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Omar Zaki
•Is there a minimum threshold where they don't need to bother with this form? I did a talk at a university in Boston last year for $300 and they just had me fill out a W-8BEN and that was it.
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Freya Andersen
•There's no minimum threshold for this particular requirement. Some organizations might not be as diligent, which explains your university experience. The correct procedure is to use Form 8233 for any personal services performed in the US regardless of amount. The reason your university experience was different is likely because either they weren't aware of the correct procedure or they decided to take the risk of improper documentation for such a small amount. Non-profits and educational institutions can vary widely in their compliance practices.
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CosmicCrusader
I went through something similar last year with a small gig in Seattle. Found this website https://taxr.ai super helpful for navigating these international tax forms. I had no idea what I was doing with all these complicated forms, but I uploaded the form and got detailed guidance on exactly how to fill it out for my Canada-US situation. The site explained that the treaty article that applies to most Canadians performing temporary services in the US is Article XVI of the US-Canada tax treaty. You basically need to declare your Canadian residency and reference this treaty article on the form to qualify for exemption from withholding.
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Chloe Robinson
•How long did the process take through that site? I have a similar form situation but I'm kind of in a rush since the organization needs it back by next week.
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Diego Flores
•Did you need any special Canadian tax info to complete the form? I have my SIN number but I'm not sure if that's what they're looking for on these US forms.
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CosmicCrusader
•The process was surprisingly quick - took maybe 10-15 minutes from uploading to getting the guidance. They break it down line by line, which made it way less intimidating. For Canadian tax info, you'll need your SIN, but on US forms it's called "foreign tax identifying number" - so yeah, that's exactly what they're looking for. You'll also need to provide your full Canadian address as proof of residency status.
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Diego Flores
Just wanted to update that I tried taxr.ai after seeing it mentioned here and it was actually super helpful! I was completely lost with all the treaty article references and exemption codes, but the site walked me through each section of Form 8233. It explained that for Canadians providing temporary services in the US, you need to reference Article XVI of the tax treaty and showed exactly how to complete the "sufficient facts" section they require. Turns out you need to clearly state that you're a Canadian resident, you were in the US temporarily, and your income won't exceed the treaty threshold (which is like $10,000 for most situations). Definitely worth checking out if you're confused about these cross-border tax forms!
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Anastasia Kozlov
If you're still having trouble getting the organization to process your paperwork, you might want to try Claimyr (https://claimyr.com). I had a nightmare situation with some cross-border tax documentation getting rejected multiple times, and I couldn't get anyone on the phone at the IRS to explain what was wrong. Claimyr got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c For international taxpayer issues, there's a special IRS department, and getting to an actual human who understands the US-Canada treaty provisions saved me weeks of back-and-forth confusion.
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Sean Flanagan
•Wait, how does this work? The IRS phone lines are always busy when I call. Is this legit or just some kind of paid service that doesn't actually do anything?
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Zara Mirza
•Sounds kinda sketchy tbh. Why would I need a service to call the IRS? Couldn't I just keep calling myself until I get through?
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Anastasia Kozlov
•It's a callback service that uses technology to wait on hold with the IRS for you. When they finally reach an agent, they connect you directly to them. I was skeptical too, but it saved me literally hours of hold time. Yes, you could definitely keep calling yourself, but last time I tried, I spent over 3 hours on hold and then got disconnected. Claimyr got me through in about 20 minutes. For international tax matters especially, reaching the right department can be really challenging.
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Zara Mirza
I take back what I said about being skeptical. After another frustrating morning trying to get through to the IRS about my foreign tax credit issue (kept getting transferred and disconnected), I tried Claimyr out of desperation. Honestly, it worked exactly as advertised. I got a call back with an IRS agent on the line within 25 minutes. The agent was able to confirm that for small payments under the US-Canada treaty, Form 8233 is definitely the correct form if you physically performed services in the US. She also mentioned that many organizations get this wrong because they don't understand the distinction between different types of foreign payments. If you're having any issues with the organization accepting your form, having an official IRS clarification really helps.
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NebulaNinja
Just to add a data point here - I'm also Canadian and do occasional work in the US. For amounts under $500, I've had about half of organizations ask for Form 8233 and half accept just the W-8BEN. There's a lot of confusion on the US side about the right documentation for small payments to foreigners. If this is a one-time thing and you don't plan to work with them again, it might be worth just completing the form. It's annoying but not actually that difficult once you understand what they're looking for. The key parts are: 1. Article XVI of the US-Canada treaty 2. Statement that you're a Canadian resident 3. Explanation that you're only temporarily in the US 4. Mention that your US source income for the year is below the treaty threshold
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Ravi Patel
•Thanks so much for this breakdown! You're right, it's just a one-time workshop so probably easier to just fill it out. Do you know if I need to include my SIN number on the form? I'm always hesitant to share that with organizations outside Canada.
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NebulaNinja
•Yes, unfortunately you do need to include your SIN as your "foreign tax identifying number" on the form. I understand the hesitation, but it's a requirement for treaty benefits. If it helps ease your mind, legitimate US organizations (especially non-profits) are required to maintain confidentiality of tax identification numbers under IRS regulations. They need your SIN to properly report the payment to the IRS, so there's no way around providing it if you want the treaty benefits.
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Luca Russo
Just FYI for Canadians filling out Form 8233 - make sure to check if your specific profession might have different treaty provisions! I'm a university professor and there's actually a specific article in the treaty just for teachers and researchers that gives different exemptions than the general Article XVI provision.
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Nia Wilson
•Artists also have some special provisions in the US-Canada treaty. If you're selling artwork rather than providing a service like teaching a workshop, different rules might apply. The distinction matters for tax purposes.
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