E-filing was already accepted. Can I still mail a 8833 form to the federal government to claim a treaty? Do I need to mail one to the NY state for the same purpose?

[TY337]

I am a Chinese resident alien who has stayed at the New York state over 5 years. Yesterday I successfully e-filed my taxes and got accepted from both. But now I find that I should not have used e-filing since a 8833 form (which Turbotax does not provide) needs to be attached to my taxes return. 

What should I do now? Can I just mail a 8833 form to the federal government and the NY state to claim a treaty? I need to send out the 8833 form because I am a F-1 student who enjoys a China-USA $5000 tax treaty. I used the treaty in my e-filing and I do not need to change anything in my original taxes. I just want to send out the 8833 form. In my taxes return I am going to pay about 50 dollars to the federal government and ask the NY state for 300 dollars as a refund.  

[KarenJ · Accepted solution]

If you need to attach Form 8833 to your tax return and it has already been processed and accepted by the IRS, then you will have to file an amended tax return, Form 1040X.  Before amending the tax return wait for the IRS to send you the tax refund or if you have taxes owed then for the IRS to process the tax payment.  Do not file your amended return before the IRS has processed your return and has any refund or balance due with the original return has been received and processed.

When you amend your return, you will not change anything in TurboTax.  You just need to add an explanation that you are only amending the return to attach the Form 8833 which was not attached to the original return that was sent.

If you want you can print out Form 1040X and complete it by hand.  Just make sure to attach your return and Form 8833 to the return before you mail it.  You can also find the mailing address with the Form and Instructions as to where it should be mailed.

Form 1040X - https://www.irs.gov/pub/irs-pdf/f1040x.pdf 

Form 1040X Instructions https://www.irs.gov/pub/irs-pdf/i1040x.pdf

RS Form 8833 Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) - https://www.irs.gov/pub/irs-pdf/f8833.pdf

[TY337]

Thanks a lot. Should I send out the 1040x before April 18, 2018, the tax return deadline? Shall I do the same for my NY state tax return?

[KarenJ]

 As you have already filed your original return before April 17th and included any payment needed or refund information, you do not need to file the amended returns before April 17th. Just after everything has been processed you should mail the amendments.

[TY337]

Thank you so much. I really appreciate your help.

[CAROLINECAI]

I have the exact same situation. My 2017 federal and state tax forms have been accepted and I received the refund. I have got the 1040x through turbotax and filed in the form 8833 by hand. Do I need to send the 1040x and 8833 to the NY state or just Department of the Treasury of IRS?

[TY337]

Yes, you also need to send an it201x form to NY state. Click the links from turbotaxkarenj.

[TY337]

Also With a 8833 form.

[CAROLINECAI]

Thanks a lot!

[CAROLINECAI]

Can turbotax amend return create it201x? I only got the 1040x. Shall I print out the it201x and fill in by hand?

[TY337]

Yes it can create an it201x. I already did both through the Turbotax and sent the amended forms out. Don't worry. Just use the the amendment function of Turbotax.

[TY337]

Yes it can create an it201x. I already did both through the Turbotax and sent the amended forms out. Don't worry. Just use the the amendment function of Turbotax.

[CAROLINECAI]

Thanks so much! For NY state, it seems that it only takes e-filing. May I ask where you send your it201x and 8833?

[TY337]

I know it was tricky. I had a same issue. But actually turbotax has an option for mailing ithe ny state tax as well. I cannot remember where it is...check the whole amending process carefully, I believe you can find it.

[cris233]

Do I need to attach the original 1040 and other attachments to 1040x?