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What you should know about Form 8833
- Form 8833 can be used to disclose treaty-based return positions.
- Reporting on Form 8833 is required for certain treaty positions.
- Waivers from reporting on Form 8833 are narrowly applied.
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How to prepare Form 8833
About Form 8833
Form 8833 is a form used by foreign individuals or businesses to claim a tax treaty benefit with the United States. It is required for individuals who are nonresident aliens or foreign corporations who have income from sources within the United States and are seeking relief from double taxation through a tax treaty. This form is used to declare treaty-based positions that may affect tax liability and includes specific information on the taxpayer, the treaty claim being made, and the article or articles of the treaty on which the claim is based. In summary, any individual or business entity who is a nonresident alien or foreign corporation and has an income from sources within the United States that is covered by a tax treaty should file Form 8833.