From 8833

[user17750638846]

I have SSA income from Chinese government. I don't need to pay USA tax for this income per US-China Tax Treaty Art 17-2. I have entered this income and subtracted this income using Tax Treaty Art 17-2 under 2025 1040-SR Schedule 1, Part I, z - ‘Other income’.  According to IRS instruction for form 8833, When you report Social Security income under a tax treaty, you can be exempt from filing Form 8833. But Gemini said it’s better to file it. What do you think? If I need to file Form 8833, is there a way to attach the PDF of Form 8833 to my e-filed tax return through TurboTax? Otherwise, I have to print my tax file and mail it to IRS with form 8833. 

Thank you.

[DawnC]

You do not have to file it and it may even slow down the processing if you do file it.   Form 8833 is not supported in TurboTax so it can't be filed with your TurboTax prepared return.    We recommend Sprintax.

[ES Weix]

I am in a similar situation in which TurboTax does not generate form 8833. According to IRS guidance, the form is not required in situations where you have social security income and live in another country that has a tax treaty with the US exempting from tax on the social security. I filed my 2025 return generated by TT and received a significantly reduced refund because the IRS told me that they "corrected" my numbers because my taxable social security was incorrectly reported. There is nothing on my return that is explicitly stating the country that I live in. The address that I use on my 1040 is my US mailing address. So, the IRS is making a false assumption and without the form 8833 to back that up, it leaves the IRS to making incorrect assumptions. While they shouldn't be doing that, having the form included would diminish that possibility. Now I am in the process of disputing their "correction" which may take a minimum of months. I am looking for either an alternate solution or inquiring if now that TurboTax supports the situation where social security income is not taxable, perhaps they will consider supporting form 8833 for future years.

[AmyC]

Form 8833 is not required for exemptions on Social Security benefits but without the form explaining, it does look taxable. You should fill in the 8833, include your proof of foreign residency to counter the US address. Reference your specific treaty and article in your simple, easy to read letter replying to the IRS.

In the future, you could either: 

• mail your return with the 8833 attached or
• use professional software

Perhaps TurboTax will incorporate it if they understand the need. You can file an accuracy claim. How do I submit a claim under the TurboTax 100% Accurate Calculation Guarantee or 100% Accurate, Exp...