What is 8833 Form?

The 8833 Form, also known as the Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), is a form required by the Internal Revenue Service (IRS) for individuals who are eligible to claim treaty benefits on their U.S. tax returns. This form is used to disclose the individual's intent to apply a treaty provision to reduce or eliminate their U.S. tax liability. By completing this form, the individual provides the IRS with specific information about the treaty provision they are relying on and the corresponding article of the treaty.

What are the types of 8833 Form?

There are two types of 8833 Forms that individuals may need to complete: - Category A: This form is used when individuals claim treaty-based positions that are unrelated to claiming a reduced rate of withholding tax on earnings. - Category B: This form is used when individuals claim treaty-based positions that are related to claiming a reduced rate of withholding tax on earnings.

Category A
Category B

How to complete 8833 Form

To complete the 8833 Form, follow these steps:

01
Provide your name, taxpayer identification number, and contact information at the top of the form.
02
Indicate the specific treaty article or paragraph you are relying on to claim treaty benefits.
03
Provide a detailed explanation of your treaty-based position, including the relevant facts and legal arguments.
04
Attach any supporting documentation, such as a copy of the treaty and relevant tax residency certificates.
05
Sign and date the form, certifying that the information provided is true and accurate.

By following these steps, you can ensure that your 8833 Form is complete and accurately discloses your treaty-based position to the IRS.

Video Tutorial How to Fill Out 8833 Form

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Questions & answers

Taxpayers use this form to make the treaty-based return position disclosure required by Internal Revenue Code section 6114. Dual-resident taxpayers use this form to make the treaty-based return position disclosure required by Regulations section 301.7701(b)-7.
Treaties are only applicable to Non-Resident Aliens for tax purposes. To claim a tax treaty exemption, you must submit IRS Form 8233 to your employer prior to starting your employment and at the beginning of each new tax year.
The payee must file a U.S. tax return and Form 8833 if claiming the following treaty benefits: A reduction or modification in the taxation of gain or loss from the disposition of a U.S. real property interest based on a treaty. A change to the source of an item of income or a deduction based on a treaty.
Does TurboTax have form 8833? As TurboTax does not support Form 8833, you cannot e-file. Instead, you may use the program to prepare your return, but need to print out your tax forms and mail the returns along with the form 8833.
The payee must file a U.S. tax return and Form 8833 if claiming the following treaty benefits: A reduction or modification in the taxation of gain or loss from the disposition of a U.S. real property interest based on a treaty. A change to the source of an item of income or a deduction based on a treaty.
Form 8833 is a fillable form which can be accessed and completed by following these steps: TaxAct Online Users: From within your TaxAct Online, click the Forms tab (on the right side of the screen) Click View complete Forms list at the bottom of that tab.