Form8833 overrule IRS code 904
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Paul2000
Returning Member

Form8833 overrule IRS code 904

Hi,

I am US GC holder, worked in China for 2019. Form 1116 has a limitation of max foreign credit. I wanted to use form 8833 to overrule IRC Section 904. Limitation on credit. I have my form 8833 done, but in which form am I supposed to input the credit (amount over IRC section 904 limitation)?

 

Thx,

Paul

2 Replies
Critter
Level 15

Form8833 overrule IRS code 904

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 8. 

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

Paul2000
Returning Member

Form8833 overrule IRS code 904

Thanks. But putting into Less common income will only reduce paid tax from income. I assume paid tax should be credit (deduct from tax amount directly)? Is there a way to file this way?

 

UNDER U.S./CHINA TREATY ARTICLE 22.2(a) ‘ELIMINATION OF DOUBLE TAXATION’ ‘UNITED STATES SHALL ALLOW TO A RESIDENT OR CITIZEN OF THE UNITED STATES AS A CREDIT AGAINST THE UNITED STATES TAX ON INCOME’

 

‘AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF TAX EVASION WITH RESPECT TO TAXES ON INCOME’

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