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Level 2
posted Jun 4, 2019 12:21:43 PM

I'm a US citizen working in Korea. Can I use Form 8833? Someone said it's not for a US citizen.

I'm a US citizen working in Korea. I received RSU / ESPP from the employer who is affiliated with a US company. Those were taxed by the Korean government. I also received 1099-B on the same, but there is no way to record the foreign tax paid for it. Even with Foreign Earned Income Exclusion, I have a quite a bit to pay both governments.

What is my best option?

Foreign Tax Credit or Form 8833?

Someone told me that it's not for a US citizen. Is this true?

0 2 607
1 Best answer
Level 9
Jun 4, 2019 12:21:48 PM

Correct the Form 8833Treaty-Based Return Position Disclosure is for citizens from other countries.  You will be bale to get the Foreign Tax Credit.


2 Replies
Level 7
Jun 4, 2019 12:21:46 PM

form 8833 is for anyone claiming a treaty based position. So of there is an article in the US Korea treaty that applies to you (for example the article on avoiding double taxation), you can definitely use that form. But I would consult a tax professional experienced filing this form.

Level 9
Jun 4, 2019 12:21:48 PM

Correct the Form 8833Treaty-Based Return Position Disclosure is for citizens from other countries.  You will be bale to get the Foreign Tax Credit.