How can I e-file with 8833?

11 replies
131 views

Should I e-file with form 8833 or I should e-file 1040 and mail 8833?

I know I can definitely paper file both, I just want to make it faster through turbotax.

Thanks.

TurboTax Deluxe Online

JohnW15

Level 10

Unfortunately, you can't eFile your return with Form 8833, and you shouldn't eFile your return separately and send in Form 8833.

Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), cannot be electronically filed.

Further, the IRS requires that you attach Form 8833 to your tax return -- see "When and Where To File" on the instruction page for Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).

You can use TurboTax to prepare your return, but you need to print and mail the return with Form 8833 attached.

Efiling your return and sending in Form 8833 would be very risky -- sometimes documents aren't properly associated at the IRS, so your disclosure may not be documented, and then it's your word versus the IRS -- and, besides, the IRS requires that the form be submitted with your return.

ryanwinter

Level 2

An alternative is to use taxact, which lets you submit this document electronically with the tax return.

aschulman

Level 3

https://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-benefits

Exceptions

You do not have to file Form 8833 for any of the following situations:

You claim a reduced rate of withholding tax under a treaty on interest, dividends, rent, royalties, or other fixed or determinable annual or periodic income ordinarily subject to the 30% rate.
You claim a treaty exemption that reduces or modifies the taxation of income from dependent personal services, pensions, annuities, social security and other public pensions, or income of artists, athletes, students, trainees, or teachers. This includes taxable scholarship and fellowship grants.
You claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.
You are a partner in a partnership or a beneficiary of an estate or trust and the partnership, estate, or trust reports the required information on its return.
The payments or items of income that are otherwise required to be disclosed total no more than $10,000.

darla1

Level 2

I would love not to have to USPS/mail in my taxes. However, the list you provide is for "International Taxpayers" as defined by the IRS, specifically "International Businesses" on the IRS site. I do not think that it applies to U.S. individual taxpayers.