MaryK4
Employee Tax Expert

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Yes you want to include the Form 8833 with your federal tax return.  While the qualified intermediary did receive the information for the withholding purposes, it is always best to provide the details with your tax return.  This affirms your position on the income instead of relying on the 1042-S which the IRS does not necessarily review.  

Taxpayers use this form to make the treaty-based return position disclosure required by Internal Revenue Code section 6114. Dual-resident taxpayers use this form to make the treaty-based return position disclosure required by Regulations section 301.7701(b)-7.  About Form 8833

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