Form 8833 online PA 2022-2025

Form 8833 online PA: What You Should Know

A silent treaty position occurs where a taxpayer has made an individual treaty-based filing position disclosure required by Internal Revenue Code Section 6604(f), but the taxpayer has elected to retain a silent treaty position under Section 6644(c).   The Call, like the rest of us, has heard that the Internal Revenue Service (IRS) will be taking action on a separate Form 8833 to enforce the confidentiality of a treaty-based treaty position made for a single person (such as a single U.S. taxpayer) rather than for a partnership or other organization. The Call expects to receive confirmation that the IRS has commenced this action before the end of the year. Call: January 16, 2025 — [2] The Call and its counsel have been advised that the IRS will make a separate Form 8833 for purposes of the treaty-based return position disclosure requirement required by Internal Revenue Code Section 6104(a) and the regulations thereunder. January 22, 2025 — [3] The Call and its counsel have been informed that the IRS expects to make a separate Form 8833 for purposes of the treaty-based return position disclosure requirement required by Internal Revenue Code Section 6104(b), and the regulations thereunder. February 8, 2025 — [4] The Call has been advised that the IRS is considering issuing a Form 8833 for purposes of the treaty-based return position disclosure requirement required by Internal Revenue Code section 6804(c)(4). Call: (callers to this number can be charged at time of call) The Call has been advised that the IRS has commenced an investigation into a case where a U.S. taxpayer has elected to maintain two separate treaty-based tax position(s) in order to obtain treaty benefits; in this instance, the U.S. taxpayer has elected to retain a silent treaty position under Section 6644(c), but has elected to provide treaty benefits under Section 6164(o). If the Call is contacted regarding this case, please be sure to state that you have already been contacted. The Call also advises the Call that the IRS has not yet determined whether the return position disclosure that the Call's Taxpayer Solutions team provides in response to the Form 8833 is required by law, but will only be able to advise the Call based on the investigation that the IRS is completing as a result of this matter.

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