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.
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
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
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?
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.
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?
Yes, you also need to send an it201x form to NY state. Click the links from turbotaxkarenj.
Can turbotax amend return create it201x? I only got the 1040x. Shall I print out the it201x and fill in by hand?
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.
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.
Thanks so much! For NY state, it seems that it only takes e-filing. May I ask where you send your it201x and 8833?
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.
Do I need to attach the original 1040 and other attachments to 1040x?
No, You do not need. You can see 1040x as an updated version of 1040.
Do I need to amend California State return because I forgot to attach 8833? Thank you!
I suggest you amend state tax as well. I did that for my New York State return.
Do you know where to file 1040x? Since the amended return touches treaty, do we send the amended return to Austin(the only place where the treaty is processed) or the address Turbotax told me? Thank you!
Regardless of what IRS service center it goes to, IRS will get to right place to be processed.
After I download the amended return from Turbotax, I found that turbotax attach 1040 and other attachments to 1040x and amended state return. Do I need to mail the 100+ pages to IRS? Or just 1040X+8833 to IRS?
Mail just the 1040X and Form 8833. Don't forget to sign the 1040X.
I am also a phd student, similar situation as you. But for what I read, we may not need to file Form 8833. From the website, https://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-benefits. I also attached a screenshot with highlight.
Anyone, reading this, please let me know if I am wrong. Because I am planning to e-file without 8833.
Hello,
I know it's been 2 years since your reply but I do have a very similar question regarding this. If I were to complete the 1040x by hand, do I need to file all fields just like what I did for 1040 or leave everything blank and only enter the explanation for forgetting to attach form 8833 in the original return? I filed the tax through paper copy after completing everything in TurboTax so I couldn't really see what it looks like for the amended form generated by TurboTax. Could you please clarify? Thank you very much!