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8833 Form: What You Should Know

US Tax Form 8833 — Treaty Based Return Position Disclosure to IRS Form 8833: Do I have to use Form 8833? Yes. The Taxpayer Advocate's Office of the Professional Tax Providers — Tax Counseling for the State of Louisiana (GESTAPO). The GESTAPO office administers the Louisiana Uniform State Taxpayer Advocate (ETTA) system. It also administers the Louisiana Public Service Division of Taxpayer Advocate (PUPA DTA) system. It is the state agency in Louisiana that provides tax advice to qualified taxpayers. Furthermore, it also offers its tax assistance in the form of Taxpayer Advocate's office (TAPTON) US Tax Form 8833 treaty-based return position Form 8833, Tax Treaty Based Return Position Disclosure Under Section 6114 or 7701(b), includes a statement by the taxpayer stating that the taxpayer understands the meaning of the provisions of the contract and its terms and fully agrees to the contract. (The statement is not a legal declaration.) The TRS must be filed on a timely filed taxpayer's Form 2848 with Form 2555, Treaty-Based Return Pending, completed and filed by the taxpayer. The date the statement is required by Section 6(a) of the I.R.C. is October 11, 1995 (although some taxpayers may not have met the October 11, 1995, deadline.). If a tax return was previously filed, Form 8833, Tax Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), may be used to provide the taxpayer's response to any questions or to make other information available to the IRS. The response can be included as an attached electronic message or, where an electronic message is not appropriate or if the taxpayer has previously filed a tax return, as a completed and attached Form 2848. (The taxpayer may make other available disclosures to the IRS by providing documents in the form of electronic messages. The taxpayer must then complete and attach that document to Form 8833 to disclose the information to the IRS.) In many cases, including for many large corporations, the taxpayer is also required to file a U.S. Tax Form 8833 (Statement of Trust or Assignment). The form is required if a foreign trust exists, a contract exists between the corporation and a non-trustee that provides for a tax treaty option and a trust exists. The trust then chooses to exercise the alternative tax treaty option of the contract.

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