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8833 instructions 2024 Form: What You Should Know

The Treasury Department's IRS has recently issued a new form on the procedures to claim treaty-based return position. The new form, Form 8833, is an electronic format and makes it easier to claim treaty benefits. The U.S. taxpayers can use Form 8833, the Treaty-Based Return Position Disclosure Under Section 6111 or 7701(b) to make the treaty information disclosed for their tax returns. Form 8833 is just one of a multitude of ways the United States government has been trying to increase trust in America.  The IRS has recently proposed a new rule to change the way taxpayers identify themselves when filing their federal returns. Previously, the IRS would ask taxpayers this question every time they filed. If a taxpayer answered “No” to this question, the IRS would send them to their local U.S. Customs and Immigration office. Some taxpayers chose not to answer the question at all and were sent to immigration officials. Today, the IRS proposed to ask a taxpayer a new question instead of sending them to the U.S. Customs and Immigration office. The new question will be: “Are you claiming a treaty based return position for the year?”  U.S. Customs and Immigration is required to ask taxpayers who want to file a treaty-based return position if they have any treaty-based return position (e.g. treaty-based health insurance, or tax treaty benefits). Once the taxpayer answers “No”, the IRS says that they are the “sole taxpayer” and has the choice to file a standard return or file a treaty based return-position statement. If the taxpayer chooses the option to file a treaty-based return position, they will need to file a supplemental statement with their tax return by filing Form 8833. If a treaty-based return position is claimed, they may need to provide a supplemental return statement (Form 8833-S) if their treaty-based return position information is not identical to what they actually filed. If the taxpayer files a treaty-based return position statement under §7469 or §1031(v), their treaty-based return position information can be used to claim the standard tax treaty benefits (i.e. employer provided health insurance etc.). They have to pay the additional Medicare contribution to top of that value (e.g. §7469(b)).

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