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Chicago Illinois Form 8833: What You Should Know
While there is no legal requirement to file or report on Form 8833, it is a key tool used by domestic taxpayers because it is a very convenient tool. We'll discuss how to claim the tax treaty benefits on Form 8833 in this video: Claiming a Treaty Benefit Claiming a treaty benefit with the United States Tax Treaty Services of the United States Tax Agency (see TRS Website) is an administrative process (not a legislative change) that applies to taxpayers with U.S. source income who want to claim a treaty benefit on Form 8833. This process requires filing the treaty form for the benefit. In other words you, the taxpayer, must file the form and make the claim on the form. Let's look at an example, if you were married to a U.S. citizen, and you moved to Canada from the United States: In order to claim the U.S. tax treaty benefit, you would submit your marriage-based tax return to the United States Tax Agency and submit both Form 8833 and Form 8938 for the benefit. If you did this correctly, you should not receive any notice from the United States Tax Agency that your spouse “failed” to file a tax return because he or she did not make a claim for the U.S. tax treaty benefits. Form 8833. You should use this form if you are married to a non-U.S. citizen, and you want to claim a tax treaty benefit under the United States Tax Treaty Services of the United States Tax Administration. If you did the above correctly (that is if your spouse filed a claim for the U.S. tax treaty benefits by filing these forms as required by the United States) you should receive a letter from the U.S. Tax Agency that says the following: “Tax Treaty Service has received your treaty form and has confirmed that your spouse filed a claim and is a resident of Canada at the time of the marriage.” If you do not receive this letter and the form was properly filed and filed as required by the United States Tax Treaty Services of the United States Tax Administration, it is likely your spouse filed a treaty-based return claim on his or her Canadian tax return. For more information on filing treaty tax return, see the video below: Claiming a Treaty Benefit You should file Form 8833 when your treaty-based benefit is available or will be available.
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