Missed attaching form 8833

[taxuser1232]

I just mailed my paper 1040-NR and CA 540NR returns a couple days ago, and I just realized I forgot to include form 8833. Can I send this in separately? Or how do I get this form submitted to IRS and also for state tax return?

[JohnW152]

You'll most likely need to file an amendment for both returns.

It's possible that you're entitled to an exception from filing Form 8833 with your federal return.  Please see Exceptions on the IRS' Claiming Tax Treaty Benefits page for information.

However, if you don't qualify for an exception, you'll need to amend your state and federal tax returns.

Please see the IRS' Instructions for Form 1040-X and California's Amend an income tax return page for guidance.

[taxuser1232]

Hello, so I have to wait until they recieve and process my return before I can send in the amended return with the missing form then?

[AmyC]

Yes, you never file an amended until the original is processed. There is a chance your return won't be processed as-is. You might receive a letter asking for additional information. You can just reply with the 8833 and answer any other issues so that an amendment is not needed. 

If it is processed, once complete, file the amended as instructed above.