AmyC
Expert Alumni

Get your taxes done using TurboTax

1.You will fill in the relevant information for Form 1116. See Where do I enter the foreign tax credit (Form 1116) or deduction?

 

2. It depends. Claiming Tax Treaty Benefits states:

 

The payee does not have to file Form 8833 for any of the following situations:

  1. 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.
  2. 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.
  3. The payee can claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.
  4. 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.
  5. 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.

Reference: About Form 8833, Treaty-Based Return Position Disclosure

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