Get Form 8833

In general, in order to be eligible for a tax treaty in the US, a person must meet the following criteria: 1) be a resident of a country that has a tax treaty with the US, 2) be a Non-Resident Alien for Tax Purposes in the United States, 3) currently be earning qualifying income in the United States, and 4) have a US ...

Form 8833, the Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) is the form you'd file if you wanted to claim certain tax treaty benefits specific to your country of residence. It provides an explanation to the IRS as to why certain income is receiving beneficial treatment because of the treaty.

– If you are eligible to be treated as a resident of the foreign country pursuant to the applicable income tax treaty and you choose to claim benefits as a resident of such foreign country, attach Form 8833 to Form 1040NR, U.S. Dual-resident taxpayer.

It is important for dual-resident taxpayers and those earning income in a foreign country to complete this form accurately. By filing Form 8833, taxpayers can prevent double taxation and ensure that they are properly utilizing the tax treaty provisions between the United States and the foreign country.

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, “Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b),” is a document that individual taxpayers use to disclose their treaty-based position to the IRS providing a reasonable explanation.