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]

No, You do not need. You can see 1040x as an updated version of 1040.

[cris233]

Do I need to amend California State return because I forgot to attach 8833? Thank you!

[TY337]

I suggest you amend state tax as well. I did that for my New York State return.

[cris233]

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!

[TY337]

I sent it to the address that Turbotax gave to me.

[MichaelL1]

Regardless of what IRS service center it goes to, IRS will get to right place to be processed.

[cris233]

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?

[KarenJ]

Mail just the 1040X and Form 8833.  Don't forget to sign the 1040X.

[lx2164]

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.

[yyfkelly]

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!