How can I e-file with 8833?

[zhikaining]

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.

[JohnW15]

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]

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

[aschulman]

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:

1. 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.
2. 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.
3. You claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.
4. 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.
5. The payments or items of income that are otherwise required to be disclosed total no more than $10,000.

[darla1]

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.  

[DoninGA]

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@darla1 wrote:

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.  

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The original question on this thread is referring the IRS Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).

TurboTax does not support Form 8833. 

IRS website for the Form 8833 - https://www.irs.gov/forms-pubs/about-form-8833

If you are required to complete the form then it must be attached to your tax return.  The tax return will have to be printed and mailed if you are using TurboTax.

[darla1]

I'm sorry.....I wasn't being clear.  I was replying to aschulman, who provided a list of exceptions for having to provide form 8833 to the IRS.  I believe that this list only applies to businesses, as that is where the list is found.  

The last link provided, https://www.irs.gov/forms-pubs/about-form-8833, states that there have been no recent developments to the information given on form 8833.  

Thank you.

[habsfan514]

A rule of thumb I received from the Taxpayer Advocate Service for any international tax issue: whether you are in the U.S. or abroad, mail your entire return including Form 8833 directly to the Austin Tax Center.

Internally, the IRS processes all international tax returns in Austin (i.e., any return with an address outside the 50 States + DC, that excludes foreign income, or that contains a “foreign” form such as 1040 NR, 2555, 8833, 1042, etc.—see IRM 3.11.3.6.2.13). This includes returns sent from inside the U.S. to any regional tax office; the IRS procedure provides that the processing agent “stop editing and immediately forward international returns—in their entirety—to AUSPC (Austin).” Even if you have a payment to make, the P.O. Box in Charlotte just receives the payment; the return is still forwarded to Austin for processing.

To reduce delays and to reduce the chance of a lost return, send the entire return directly to Austin. For greater efficiency, use a private courier service (UPS, FedEx, DHL, etc.) and send to the physical address, not the P.O. Box:

Austin—Internal Revenue Submission Processing Center
3651 S IH35,
Austin, TX  78741

[Herowden]

I am in the same situation. I am classed as a resident, but was living in the US for less than two years (Oct 2018-Sept 2020), and therefore am able to claim the tax treaty between the US and my home country. 

Do I need to 'tell' turbotax when filling out the online forms, that I am attaching a paper 8833 form when I post my paper tax returns to Austin?

Is there any advice on how to fill out the 8833 form?

Thank you

[MarilynG1]

@Herowden You will enter your Tax Treaty Exclusion income as a negative number in 'Other Reportable Income' and label it 'Tax Treaty Exclusion'. 

This alerts the IRS to look for the attached Form 8833.

Click this link for more info on Tax Treaty Exclusion Income. 

This link has IRS Instructions for Form 8833. 

[Herowden]

Thank you for your response. 

1) Do I need to put fill the number in as "-XXXX", using the  number stated in Box 2 of my W-2 Wage and Tax Statement form?

3) Where can I find advice about filing the 8833 form, as I do not know what to fill in for Box 2, 4, 5, and 6?

Thank you in advance for any advice you can give me.

[ReneeM7122]

Yes, on your form 8833, you have to use the number on your wage and tax statement form. Here is a link to the IRS regarding form 8833.

To claim your tax treaty in Turbotax follow these steps

You will report your income as usual then you will enter the treaty-exempt amount as negative income under "Less common income". 

You will have to file a Form 8833 to claim the exception however TurboTax does not support Form 8833, so you cannot e-file.  You may use the program to prepare your return, but you will need to print out your tax forms and mail the returns along with the form 8833 and a copy of your tax documents ( for example, W-2 /Form 1099s).

• With TurboTax open select  Wages & Income.
• Scroll down to Less Common Income and select Miscellaneous Income, 1099-A, 1099-C.
• On the next page select Other reportable income.
• On the page Other Taxable Income enter Tax Treaty Exclusion in the description and enter  your exclusion as a negative amount
•  This will put your Tax Treaty Exclusion on Schedule 1 Line 21 of your 1040.

This link Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)  is to Form 8833.

@Herowden