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Returning Member
posted Apr 14, 2025 1:44:03 PM

Do I need to submit form 8833?

I am an international student who can claim tax treaty. I am not sure if my form 8833 can be waived based on this IRS source https://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-benefits The payee does not have to file Form 8833 for any of the following situations: Exceptions 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. So do I need to include 8833 in my tax return?

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3 Replies
Expert Alumni
Apr 14, 2025 2:08:28 PM

You do not need to file since you are covered by a treaty as a student. Claiming Tax Treaty Benefits allows students under a treaty to not file.

 

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

.......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.

Returning Member
Apr 14, 2025 10:12:16 PM

How should I enter that in turbotax?

I have grants reflected on 1098T, which can be exempted from US china tax treaty article 20(b) and an additional 5000 dollar from w2 which is from article 20(c)

Expert Alumni
Apr 15, 2025 8:21:22 AM

Enter the income in the correct areas and then subtract them back out.

You can make 2 subtractions listing each code or add them together.

 

 Follow these steps:

  1. Open to federal income
  2. You may need to show other income or less common income
  3. Locate Miscellaneous Income, 1099-A, 1099-C, Start
  4. Scroll to the bottom
  5. Other reportable income, Start
  6. Other taxable income?
  7. Select YES
  8. Description Tax Exempt China Treaty article 20
  9. Amount, enter your negative amount -use a minus sign in front.
  10. Continue

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