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8833 Form: What You Should Know

If you are non-US citizen and married to a US citizen, the Treaty-based return position statement on your tax return must comply with the requirements of Sections 6114 and 7701(b).  For more information on treaty based return position statements (Form 8833), read the following two H&R Block  articles: Examining U.S. Tax Treaty Compliance — H&R Block The following is all you need to know about the Treaty-Based Return Position. The rules governing US/Foreign tax treaty based return position statements will apply to all US citizens with a U.S. taxpayer identification number (TIN) with a U.S. taxpayer address, whether they are married or not.  Form 7868 Treaty Based Return Position Statement For tax years ending in 2007, Form 1040, U.S. Individual Income Tax Return, will no longer be accepted as an alternative to Form 8833 if an individual is required to file a Form 8833 with respect to their taxes for a tax year ending in 2007. Instead, the individual may complete Form 8833 (Rev. 9/24/11). You must also return Form 1040 (including Form 8833) and attach a signed statement showing that a U.S. tax treaty has been applied to all the U.S. taxes for the tax year. It is the responsibility and expense of U.S. taxpayers to be aware of the requirements of the treaty and to use Form 8833 to file all their U.S. tax returns. Income from U.S. sources is not taxable, even if that income is effectively connected with the conduct or foreign affairs of a U.S. trade or business.   Tax Treaty Disclosure Statement Information on the treaty-based return position disclosure under the income tax laws is a required part of Form 8833 and is available as a separate document, Treaty-Based Return Position Disclosure (Form 8833-ES), in the section “Return Preparation and Return Filing Instructions” of the Instructions for Form 8833. Information on Form 8833 Disclosure Statement — U.S.

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