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Form 8833 California San Bernardino: What You Should Know
It says that even though you would have time to file, or a reasonable time, for a treaty to be terminated at the time you reach the date on which you can no longer file a tax return (because you are no longer a resident for tax purposes), you will have no time to file your return for the year as of the date you filed Form 8833.  Under the Treaty, the Form 8833 should be filed by December 31st if the treaty would be terminated.  However, that rule only applies to taxpayers who are not in the U.S. or the possession of a U.S. jurisdiction that imposes tax on international taxes, or if no tax is imposed if no foreign tax is imposed by a country that imposes tax on international taxes. There are tax implications if a Form 8833 for a treaty termination is filed after December 31st, 2014. If the tax treaty is terminated, the return must be filed within 5 years from the date the termination date and any extension thereof, or by the end of the 6th year from the day of the termination date, whichever is earlier, before you lose treaty status (the date you terminate the tax treaty). (If you terminated the tax treaty before you received the Form 8833, the treaty is “terminated” on the date that you received and filed the form to annul the tax treaty.) Taxpayers who have terminated their treaties may be required to pay penalties and interest, including interest from the date of termination through the earliest of the following: (1) the date of first opportunity to take the foreign tax credit (see article) or the date of the first payment of the foreign tax, or (2) the date of payment of the tax by the country or country-specific agency that is required to collect, if you are a nonresident for tax purposes, of the tax, or (3) the date of the first payment to the foreign government of the tax. You should have no problem getting this information from the U.S. Treasury if you do not live in a treaty country.  The following example is for a U.S. citizen who is not a resident but who is a resident of Mexico (or a U.S. foreign corporation that is a resident of Mexico): The above article discusses Form 8833 in greater detail.
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