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Get your taxes done using TurboTax
The US and India have a tax treaty, India - Tax Treaty Documents | Internal Revenue Service includes article 25 relief from double taxation. In Claiming Tax Treaty Benefits most people need to file form 8883.
The payee does not have to file Form 8833 for any of the following situations:
- The payee can 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.
- The payee can 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.
- The payee can claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.
- The payee is 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.
For recent changes to the requirements for filing Form 8833, refer to the instructions attached to the Form 8833.
Either way, let's get the income out of your tax return. You need to determine the non-taxable US portion and enter it under Other Income as a negative with a description. Follow these steps:
- Log into your return
- Federal
- Click on Income
- Scroll to the bottom section, Less Common Income
- Select Miscellaneous income, 1099-A, 1099-C, start
- Select Other Income
- Did you receive other wages? Yes
- Continue
- Household employee? Continue
- Sick or disability pay? Continue
- Any other earned income or wages? Yes
- Enter source of Other Earned Income
- Select Other
- Continue
- Enter description RSU double taxed or something that makes sense.
- Enter amount being double taxed as a negative
If you meet one of the exceptions above, you can efile your tax return as is.
If not, you will need to mail your return and attach Form 8833. TurboTax does not directly support Form 8833 but you can use TurboTax to prepare your tax return to print and mail with Form 8833 attached. (You can access the form HERE.) You may need to prepare the form for your state return as well.
Best wishes!
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