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.
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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
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.
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