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Form 8833 North Carolina: What You Should Know
The treaty-based return position includes (a) income that is reported in one treaty country and taxed in that country, andĀ (b) income that is reported in both countries. . . . The Green Card Holder must include the Treaty-Based Return Position DisclosureĀ with all other information needed to support the treaty-based return position in the Form 8833. Treaty-based Return-Positions. . . Require treaty-specific information. You can view the list of treaties by filing a Form 8833 with the IRS and attaching appropriate pages. The taxpayer isĀ able to receive a free copy from the IRS. TheĀ return reportingĀ position is made by the taxpayer'sĀ assigning authority [that is, the taxing authority that taxed the income], who also files Form 8833. Treaty-Based Return Disclosure Disclosures Tax Treaties. When the treaty-based return position is in error, you must comply with the provisions of the treaty, if and only if. . . The Green Card Holder maintains two residence statuses: as a residentĀ (in the treaty country) or as an international resident. . . . The tax treaty is a U.S. treaty, but not a U.S. tax treaty. You must comply with both the tax treaty and any treaty-specific requirements. You may have a treaty-specific requirement on the form toĀ identify the treaty-specific information required by the tax treaty. Example 1: The treaty-specific information required by the treaty is in section 7704.6. TheĀ Green Card Holder may not claim the treaty-specific information provided by the treaty on the Form 1040NR, but can identify andĀ provide that information on Form 8833. Example 2: You have no treaty-specific information on Form 8833. You meet all the other requirements of a treaty-based return and the Form 1040NR isĀ identifying the treaty-specific information required by the tax treaty. The Green Card Holder could identify the treaty-specific information required by the tax treaty on Form 8833, for example, by showing that the treaty-specific information is on the return and, therefore, should have been reported on page 7704, rather than on page 7718.
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