Yes, you can e-file your return without the Form 8233.
As a taxpayer, you do not file Form 8233 - you complete your portion of the form and give it to your withholding agent (employer). The withholding agent (employer) completes the form and mails it to the IRS.
From the Instructions for Form 8233, Exemption From Withholding on Compensation for Independent (and Certain
Dependent) Personal Services of a Nonresident Alien Individual:
"Employee":
You must complete Form 8233:
• For each tax year (be sure to specify the tax year in the space provided
above Part I of the form),
• For each withholding agent, and
• For each type of income. However,
you can use one Form 8233 to claim a
tax treaty withholding exemption for
both compensation for personal
services (including compensatory
scholarship or fellowship income) and
noncompensatory scholarship or
fellowship income received from the
same withholding agent.
Give the form to the withholding
agent. The withholding agent’s
responsibilities are discussed in the
Part IV instructions.
Withholding Agent ("Employer"):
When the nonresident alien individual
gives you Form 8233, review it to see if
you are satisfied that the exemption
from withholding is warranted. If you
are satisfied, based on the facts
presented, complete and sign the
certification in Part IV.
You will need three copies of the
completed Form 8233. Each copy of
Form 8233 must include any
attachments submitted by the
nonresident alien individual. Give one
copy of the completed Form 8233 to
the nonresident alien individual. Keep a
copy for your records. Within 5 days of
your acceptance, forward one copy to:
Department of the Treasury
Internal Revenue Service
Philadelphia, PA 19255-0725
You also can fax Form 8233 to:
(267) 941-1365. You are limited
to 25 pages at one time..
